Does the Court have authority to deny a defendant a post-trial procedural right to a hearing and a full and fair opportunity to develop his new trial motion?

California, United States of America

The following excerpt is from People v. Jefflo, 63 Cal.App.4th 1314, 74 Cal.Rptr.2d 622 (Cal. App. 1998):

Appellant makes a two-sentence assertion that the court's denial of his "right" to a hearing and a full and fair opportunity to develop his new trial motion deprived him of due process of law. His authority does not apply to this case. Unlike the situation in Hicks v. Oklahoma (1980) 447 U.S. 343, 346, 100 S.Ct. 2227, 2229, 65 L.Ed.2d 175, where the jury had imposed a penalty based on an instruction incorrect under state law, sections 206 and 237 describe a post-trial procedural right under state law. Appellant makes no showing of how the court's ruling denied him a fair trial.

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