People v. Sepulveda
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Defendant, who was 18 years old at the time of the attempted murders and 21 years old when he committed murder, seeks remand of his cause for a hearing under People v. Franklin (2016) 63 Cal.4th 261, because his counsel stipulated, without his consent, to limit information regarding youth-related mitigating factors to a written submission following the sentencing hearing.
The Court of Appeal held that counsel's stipulation to file the Franklin package after the sentencing hearing and without presentation of live testimony did not violate defendant's constitutional rights. The court also held that defendant's ineffective assistance of counsel claim should be presented in a petition for writ of habeas corpus. Accordingly, the court affirmed the judgment, ordering a correction on the abstract of judgment to reflect the sentence.
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