California, United States of America
The following excerpt is from People v. Gordon, 165 Cal.App.3d 839, 212 Cal.Rptr. 174 (Cal. App. 1985):
At the outset, our review of trial counsel's competency is limited to the record before us because defendant has not filed a corresponding petition for habeas corpus which could admit evidence outside the record on this issue. (See People v. Pope, supra, 23 Cal.3d at pp. 426-427, fn. 17, 152 Cal.Rptr. 732, 590 P.2d 859; People v. Apodaca (1978) 76 Cal.App.3d 479, 489, fn. 3, 142 Cal.Rptr. 830.)
Failure to move for election.
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