California, United States of America
The following excerpt is from People v. Perez, A101093 (Cal. App. 11/26/2003), A101093. (Cal. App. 2003):
It is certainly the case that appellant expected Sanchez to testify that she alone was responsible for the marijuana found in the house. In fact, the defense told the jury she would do so in the opening statement. However, when Sanchez invoked the marital privilege and it became clear that she would not be available to give such testimony, the defense promptly withdrew its request that the court take judicial notice of her plea. This case is not, therefore, like People v. Kirkpatrick (1994) 7 Cal.4th 988, 1011, cited by the People in support of their waiver argument. In Kirkpatrick, the defendant attempted to challenge on appeal a ruling granting defendant's own motion. Here, of course, appellant withdrew his request for judicial notice. Moreover, appellant quite explicitly objected to the court taking judicial notice of the plea and informing the jury of this fact and did not, as the People contend, fail to object to the court's admonition.
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