Does the Attorney General's argument that a defendant's refusal to submit information pursuant to section 1004 constitute a waiver of the multiple-conviction issue?
California, United States of America
The following excerpt is from People v. Loyer, G054881 (Cal. App. 2018):
In People v. Shabtay, supra, 138 Cal.App.4th at pages 1191-1192, footnote omitted, the Attorney General made the same argument asserted here, "that [the] defendant's failure to demur to the information pursuant to section 1004 constitutes a waiver of the multiple-conviction issue." The Court of Appeal rejected this claim.
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