Does a defendant waive his right to notice by consenting to consideration of a related offense?
California, United States of America
The following excerpt is from People v. Geiger, 199 Cal.Rptr. 45, 35 Cal.3d 510, 674 P.2d 1303 (Cal. 1984):
10 As indicated in People v. Marshall, supra, 48 Cal.2d 394, 309 P.2d 456, although we are concerned here only with alleged error in failing to instruct on a related, but not necessarily included offense, our reasoning and holding are equally applicable to nonjury trials in which a defendant waives his right to notice by consenting to consideration of a related offense.
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