Can a defendant appeal against a finding that his trial counsel failed to assert the spontaneous utterance exception at trial?
California, United States of America
The following excerpt is from People v. Holmes, B262982 (Cal. App. 2016):
Defendant concedes that defense counsel failed to assert the spontaneous utterance exception at trial. Defendant has, therefore, forfeited the argument on appeal. (See People v. Partida (2005) 37 Cal.4th 428, 435.) Anticipating this result, defendant
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contends that his trial counsel was constitutionally deficient for failing to raise the argument.
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