California, United States of America
The following excerpt is from People v. Moore, E058356 (Cal. App. 2013):
4. In fact, at this point defense counsel intervened and informed the court that the victim in fact had not recanted and that counsel had intended to raise the issue that witnesses at the scene might contradict the victim. The recantation claim is expressly contained in defendant's declaration.
5. Boykin v. Alabama (1969) 395 U.S. 238; In re Tahl (1969) 1 Cal.3d 122.
6. Of course, these are not the grounds that were raised below or that were specified in defendant's successful request for a certificate of probable cause. ( 1237.5.) However, we accept that once a defendant has obtained a certificate of probable cause, he or she may raise issues on appeal that were not specified in the notice. (People v. Johnson (2009) 47 Cal.4th 668, 676.) The People do not argue that the issue of adequate advisals was waived by the failure to raise it below in the form now presented.
7. That section provides in subdivision (a) that "[a]n act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision." In a case of multiple qualifying convictions, the subordinate terms are to be stayed. (People v. Alford (2010) 180 Cal.App.4th 1463, 1469.)
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