Does the Attorney General's statement about sentencing options under section 12022.53 constitute invited error?

California, United States of America


The following excerpt is from People v. Delavega, 273 Cal.Rptr.3d 843, 59 Cal.App.5th 1074 (Cal. App. 2021):

6 Delavega asserts that his trial counsel's statement about sentencing options under section 12022.53 was not invited error, and the Attorney General does not argue otherwise. We agree the statement was not invited error. (See People v. Coffman and Marlow (2004) 34 Cal.4th 1, 49, 17 Cal.Rptr.3d 710, 96 P.3d 30 [invited error occurs only if it is " clear that counsel acted for tactical reasons and not out of ignorance or mistake "].)

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