Does a defendant have a right to complain of the erroneous admission of evidence at trial?

California, United States of America


The following excerpt is from People v. Boothe, B286328 (Cal. App. 2018):

problem with this argument is that defendant failed to make a motion to exclude such evidence at trial and therefore has forfeited any challenge to the admission of the photographs on appeal. (Evid. Code, 353, subd. (a) [codifies the well-settled California rule that a failure to make a timely objection to, or motion to exclude or to strike, inadmissible evidence waives the right to complain of the erroneous admission of evidence]; see also People v. Seaton (2001) 26 Cal.4th 598, 655.)

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