Can a defendant recast his claim for a federal due process violation as a federal violation of his right to associate with others?
California, United States of America
The following excerpt is from People v. Rodriguez, C072561 (Cal. App. 2014):
5. To the extent defendant recasts his claim as a federal due process violation, it fails because substantial evidence supports the enhancement. And to the extent his briefing may be read to claim his right to associate with others has been breached, we disagree. (See People v. Loeun (1997) 17 Cal.4th 1, 11.)
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