Does the Attorney General waive the point of ineffective assistance of counsel on appeal if he failed to raise a meritorious defense of double jeopardy?

California, United States of America


The following excerpt is from People v. Sloan, C042448 (Cal. App. 2/29/2008), C042448 (Cal. App. 2008):

Defendant contends he may raise this issue on appeal even though he did not raise it below. The failure to raise a meritorious defense of double jeopardy is ineffective assistance of counsel. (People v. Belcher (1974) 11 Cal.3d 91, 96.) Due to this potential ineffective assistance of counsel claim, courts address the double jeopardy claim even if not raised below. (See People v. Scott (1997) 15 Cal.4th 1188, 1201; People v. Marshall (1995) 13 Cal.4th 799, 824, fn. 1.) The Attorney General does not contend the point is waived.

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