the contrary advice of counsel.... If, after the post-convietion hearing, the trial court concludes that the defendant's waiver was not voluntary, knowing and intelligent, the defendant is entitled to a new trial. Id. We now turn to the court of appeals' erroneous decision to consider Moore's direct appeal challenge to his waiver of the right to testify in this case. B. Contemporaneous Objection Not Required and Waiver Issue Not Reviewable on Direct Appeal 1 15 Despite Blehm's direction that defendants should raise waiver challenges only in post-conviction proceedings, panels of the court of appeals have since diverged on the issue of whether to address these claims on direct appeal. Compare People v. O'Hara, 240 P.3d 283, 291 (Colo.App.2010) aff'd on other grounds, 271 503 (2012) (<HOLDING>), and People v. Gibson, 203 P.3d 571, 574
holding that blehm foreclosed an inquiry into the sufficiency of defendants curtis advisement on direct appeal holding that an issue not raised on direct appeal of sentence is barred by the law of the case from presentation in a subsequent appeal holding that dismissal of claim attacking sufficiency of a plea allocution by defendants failure to preserve the issue otherwise available on direct appeal for such review holding that an employers inquiry into the reason for an employees work absences was a permissible jobrelated inquiry under the ada holding certification is not an occasion for inquiry into the merits