California, United States of America
The following excerpt is from People v. Sprewell, B280027 (Cal. App. 2019):
14. Defendant's citation to People v. McGraw (1981) 119 Cal.App.3d 582 is unavailing. The attorney in that case was completely absent during voir dire and "did not even appear pro forma." (Id. at p. 595.)
15. A recent decision in a capital case, McCoy v. Louisiana (2018) ___ U.S. ___ [138 S.Ct. 1500, 1505], does not aid defendant's ineffective assistance of counsel claim on this record.
16. The same is true of People v. Belmontes (1983) 34 Cal.3d 335 (Belmontes), another case cited by defendant. Belmontes involved a question of interpretation regarding sentencing under section 667.6, subdivision (c), not subdivision (d). (Id. at p. 345.) Subdivision (c)'s language is discretionary, whereas subdivision (d)'s language is mandatory. (Compare 667.6, subd. (d) ["A . . . consecutive term shall be imposed"] with 667.6, subd. (c) ["In lieu of the term provided in Section 1170.1, a . . . consecutive term may be imposed"].)
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