Is a defendant permitted to argue that his counsel's failure to object to the designation of "felony" was tactical?
California, United States of America
The following excerpt is from People v. Habecker, H037027 (Cal. App. 2012):
Citing People v. Cooper (1991) 53 Cal.3d 771, 831 (Cooper) and People v. Corona (1978) 80 Cal.App.3d 684, 906 (Corona), defendant argues that although his counsel's failure to object to the " 'felony' designation" was tactical, it "was grounded in a misunderstanding and was unreasonable." Defendant's reliance on both cases is unavailing.
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