People v. Lizarraga
California Court of Appeal
1Opinion of the Court
Opinion
SIMS, J.
A jury convicted defendant Robert Wayne Lizarraga of receiving stolen property. (Pen. Code, § 496, subd. (a).) The trial court sentenced him to state prison for the midterm of two years.
On appeal, defendant claims the trial court erred by failing to make a determination as to whether he should be committed to the California Rehabilitation Center (CRC). (Welf. & Inst. Code, § 3051.) We find defendant waived the issue by not raising it in the trial court, and we reject his fallback argument that his trial counsel was ineffective for not raising the issue. Consequently, we shall…
2Cases cited9 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. ScottCalifornia Supreme Court · 1994
- People v. LedesmaCalifornia Supreme Court · 1987
- People v. Mendoza TelloCalifornia Supreme Court · 1997
- People v. GibsonCalifornia Court of Appeal · 1994
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3Cited by5 opinions
- People v. M.S.California Court of Appeal · 2009
- People v. MitchellCalifornia Court of Appeal · 2004
- People v. MitchellCalifornia Court of Appeal · 2004
- People v. StowellCalifornia Supreme Court · 2003
- People v. StowellCalifornia Supreme Court · 2003