Can a waiver be granted even if defense counsel made no objection and the error occurred with Acquiescence?
California, United States of America
The following excerpt is from People v. Sokau, 188 Cal.Rptr.3d 857, 237 Cal.App.4th 1358 (Cal. App. 2015):
Because of the constitutional right to adequate interpreting, courts in some cases have declined to find a waiver even where defense counsel made no objection and the error occurred with counsel's acquiescence. (People v. Aguilar, supra, 35 Cal.3d at p. 794, 200 Cal.Rptr. 908, 677 P.2d 1198.) It is apparent that defendant's motion for new trial was unnecessary or would have been futile.
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