Does a defendant's failure to object in the Court of Appeal forfeit the issue for appeal?

California, United States of America


The following excerpt is from People v. Adams, C078856 (Cal. App. 2019):

The Attorney General states in the respondent's brief that defendant's failure to object did not forfeit the issue for appeal. As support for this statement, the Attorney General cites People v. Cross (2015) 61 Cal.4th 164, 172-173, which held that an appellate claim that the trial court failed to advise of the constitutional right to trial by jury is not forfeited on appeal by failure to object in the trial court. But that holding does not apply here, because failure to advise on penal consequences does not implicate constitutional rights.

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