If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor?
California, United States of America
The following excerpt is from People v. Wagner, B282371 (Cal. App. 2018):
We conclude it is not reasonably likely appellant would have received a more favorable result if counsel had discovered that the burglary had been reduced to a misdemeanor, and lodged the appropriate objection below. (See People v. Williams (1988) 44 Cal.3d 883, 937 [appellant must establish a more favorable outcome is a "demonstrable reality"].)
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