Does the Attorney General have any grounds to argue that a defendant has forfeited his constitutional challenge to the California Criminal Code Act?

It is undisputed that defendant did not raise this constitutional challenge in the trial court. As the Attorney General point out, defendant's challenge is to the statute as applied to him, and does not merely present a pure issue of law. This distinguishes defendant's case from City of San Diego v. Boggess (2013) 216 Cal.App.4th 1494, on which defendant relies to argue he has not forfeited his claim. (See id. at p. 1503 [discussing contention that statute is facially unconstitutional].) Here, defendant describes his challenge as an "as applied" challenge and argues not only the law, but also its application to his specific circumstances. He adds a lengthy discussion of various statistics that were not presented to the trial court, alleging disproportionate impact as part of his claimed constitutional violation. His challenge is forfeited, and we decline to consider it further.

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Defendant contends the prosecutor committed prejudicial misconduct in closing rebuttal argument to the jury.

During closing argument, defense counsel stated: