What is the test for a defendant to plead before a jury in a criminal case?

California, United States of America

The following excerpt is from Klugman v. Superior Court, 252 Cal.Rptr.3d 759, 39 Cal.App.5th 1080 (Cal. App. 2019):

made by the defendant in the trial court not later than ... 60 days following defendant's arraignment on the information or indictment if a felony, unless within these time limits the defendant was unaware of the issue or had no opportunity to raise the issue." The petitioner "bears the burden of showing that he is within one exception or the other." ( Ghent v. Superior Court (1979) 90 Cal.App.3d 944, 950-951, 153 Cal.Rptr. 720 ( Ghent ).)

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