California, United States of America
The following excerpt is from People v. Martin, 32 Cal.App.4th 656, 38 Cal.Rptr.2d 776 (Cal. App. 1995):
Because respondent did not appeal, there is a substantial question whether we could afford the relief he seeks on appeal. Nevertheless, since the issue impinges on the issue raised by the People, and to forestall a subsequent claim of ineffectiveness of counsel (see People v. Cox (1991) 53 Cal.3d 618, 682, 280 Cal.Rptr. 692, 809 P.2d 351), we shall address the issue on its merits.
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