Does a defendant's failure to join in a motion or objection constitute a waiver of the issue on appeal?

California, United States of America

The following excerpt is from The People v. Burton, B216446, No. TA093292 (Cal. App. 2010):

Here, as the Attorney General points out, defendant did not join in codefendant's instructional request and nothing shows he was prevented from doing so. "'Generally, failure to join in the objection or motion of a codefendant constitutes a waiver of the issue on appeal.'" (People v. Wilson (2008) 44 Cal.4th 758, 793, quoting People v. Santos (1994) 30 Cal.App.4th 169, 180, fn. 8.) Defendant cites no authority for his assertion that the mere denial of a codefendant's request is sufficient to establish the futility exception to the waiver rule.

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