Can a defense counsel make a meritless objection to a charge of petty theft based solely on the shoes incident?

California, United States of America


The following excerpt is from People v. Brown, C085470 (Cal. App. 2019):

Because the prosecutor's election of the shoes incident as the basis for the lesser included petty theft offense was clear, defense counsel was not ineffective for failing to make a meritless objection. (People v. Weaver (2001) 26 Cal.4th 876, 931.)

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