Corbi

People v. Corbi

Good Law
Court of Appeal of CaliforniaNovember 20, 2024D081490MCalifornia12,597 words

Opinion

Opinion

Dato, J.

Filed 11/20/24 (unmodified opn. attached)

CERTIFIED FOR PARTIAL PUBLICATION*

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081490

Plaintiff and Respondent, (Super. Ct. No. SCD283353)

v. ORDER MODIFYING OPINION

AND DENYING REHEARING

FREDDY RIVERA CORBI,

NO CHANGE IN JUDGMENT

Defendant and Appellant.

THE COURT:

It is ordered that the opinion filed October 25, 2024 be modified at the paragraph commencing on the bottom of page 34 that begins with “In his reply brief” and ending at the top of page 35 with “by means of a habeas petition” to read as follows: Although his opening brief acknowledged the Lashon forfeiture rule and urged this court not to follow it, Corbi argues for the first time in his reply brief that if the RJA claim was forfeited, his trial counsel rendered ineffective assistance by failing to specifically raise it. “It is rarely appropriate,” however, “to resolve an ineffective assistance claim on direct appeal” and as a matter of fairness “we certainly will not do so where, as here, the claim is omitted

* Pursuant to…

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