Can a court order a reversal of a finding that a defendant was denied a chance to appeal against his conviction for failing to apply for a motion to overturn a finding of not guilty?
California, United States of America
The following excerpt is from The PEOPLE v. GARCIA, D054982, No. RIF125016 (Cal. App. 2010):
of its ruling. (People v. Hardy (1992) 2 Cal.4th 86, 167.) However, even if the trial court's ruling was correct at the time it was made, reversal may be required if the defendant shows that the failure to bifurcate resulted in " ' "gross unfairness" amounting to a denial of due process.' " (People v. Mendoza (2000) 24 Cal.4th 130, 162 (Mendoza))
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