Can a defense appeal a finding of absence from trial where the issue of absence was not presented to the trial court?
California, United States of America
The following excerpt is from People v. Williams, (Cal. App. 2013):
conclude that, in making this decision and choosing not to pursue the issue of absence from trial, the defense forfeited the issue for purposes of appeal. (People v. Saunders (1993) 5 Cal.4th 580, 589-590 [appellate court ordinarily will not consider claim of erroneous ruling where objection could have been but was not presented to trial court].)
If the issue had been preserved for appeal, we would have upheld the trial court's ruling. Section 1043 provides:
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