Does the Attorney General have forfeited the issue on appeal by failing to object to admission of the plea colloquy?

California, United States of America


The following excerpt is from People v. McCaw, B266497 (Cal. App. 2018):

3. The Attorney General argued that McCaw forfeited the issue on appeal by failing to object to admission of the plea colloquy on the basis that it violated his Sixth Amendment rights at the second retrial. We rejected the forfeiture contention, reasoning that McCaw's challenge to the sufficiency of the evidence, which was founded in a violation of the Sixth Amendment, was cognizable on appeal without objection to the evidence in the trial court. (See People v. Trujillo (2010) 181 Cal.App.4th 1344, 1350 fn. 3 ["[A]n argument that the evidence is insufficient to support a verdict is never waived"].)

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