Does the Attorney General have any authority to argue on appeal that a defendant failed to object in the trial court on his NGI plea?
California, United States of America
The following excerpt is from People v. McLaughlin, H043381 (Cal. App. 2017):
The Attorney General asserts that because defendant failed to object in the trial court, he may not argue on appeal that he was denied a trial on his NGI plea because he never personally withdrew that plea. The Attorney General cites, in support of this assertion, People v. Weaver (2001) 26 Cal.4th 876 (Weaver), but that case involved a
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