Does defendant have a right to appeal the findings of the Court of Appeal?
California, United States of America
The following excerpt is from People v. El Nasleh, E063132 (Cal. App. 2016):
3. The People contend defendant forfeited this issue for appeal by not objecting in the trial court. Because defendant has asserted his right of due process was violated, we address the merits of the issue. (People v. Smithey (1999) 20 Cal.4th 936, 976, fn. 7; 1259 [appellate court can review any ruling or instructional error without an objection having been raised if a substantial right of defendant has been affected].)
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