California, United States of America
The following excerpt is from The PEOPLE v. GALVAN, B216518, No. NA049140 (Cal. App. 2010):
At the outset, we address appellant's argument regarding the standard of review. The denial of a motion under section 1016.5 is reviewed for abuse of discretion, but statutory interpretation is an issue of law that must be decided de novo. (People v. Akhile (2008) 167 Cal.App.4th 558, 562-563.) In the instant case, the trial court did not base its denial of appellant's motion on its own interpretation of section 1016.5. Likewise, this court need not interpret section 1016.5 to determine whether appellant was adequately
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advised. In any event, we conclude that under either standard of review, appellant's claim fails.
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