Does the Attorney General's failure to press court for ruling forfeits the issue on appeal?

California, United States of America


The following excerpt is from People v. Espinoza, G054569 (Cal. App. 2018):

2. Defendant arguably forfeited an appellate challenge to the trial court's tentative ruling because he did not revisit the issue or pursue it any further during the course of the trial. (See, e.g., People v. Cunningham (2001) 25 Cal.4th 926, 984 [failure to press court for ruling forfeits the issue on appeal].) However, the Attorney General did not argue forfeiture; we are exercising our discretion to analyze defendant's claim of error.

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