Does the Attorney General's claim that defendant forfeited the issue on appeal because defendant made no effort to correct the court's misperception and press for a ruling?

California, United States of America


The following excerpt is from The People v. Peter Nong Le, G041681, No. 04CF3689 (Cal. App. 2010):

Relying on People v. Braxton (2004) 34 Cal.4th 798, 813, the Attorney General first asserts defendant forfeited the claim because he made no effort to correct the court's misperception and press for a ruling on his request to recall Hoi. We disagree. in Braxton, the appellate court held that when a trial court, through inadvertence or neglect, fails to rule on an objection, the objecting party's failure to obtain a ruling results in a forfeiture of the issue on appeal. (Ibid.) Here, unlike Braxton, the court did not

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refuse or neglect to make an evidentiary ruling. We therefore conclude defendant did not forfeit this claim.1

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