Does a defendant have to waive his right to raise his constitutional claim on appeal?
California, United States of America
The following excerpt is from People v. Wood, C068123 (Cal. App. 2012):
in the trial court, we decline to treat his constitutional claim as forfeited. (See People v. Vera (1997) 15 Cal.4th 269, 276 [defendant not precluded from raising deprivation of "certain fundamental, constitutional rights" for first time on appeal]; People v. Calderon (2004) 124 Cal.App.4th 80, 94 [failure to object in trial court did not waive claim that SVPA violates ex post facto clause].)
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