California, United States of America
The following excerpt is from People v. Williams, 192 Cal.Rptr.3d 266, 355 P.3d 444, 61 Cal.4th 1244 (Cal. 2015):
12 As to this and virtually all other appellate claims, defendant contends that an issue raised and decided in the trial court resulted in constitutional violations, but he did not present those constitutional theories below. In such instances, it appears that (1) the appellate claim is the kind that required no [specific argument] to preserve it, or (2) the new arguments do not invoke facts or legal standards different from those the trial court was asked to apply.... To that extent, defendant's new constitutional arguments are not forfeited on appeal. [Citations.] In the latter case, no separate constitutional discussion is required or provided where rejection of a claim that the trial court erred on the issue presented to that court necessarily leads to rejection of any constitutional theory or gloss' raised for the first time here. (People v. Contreras (2013) 58 Cal.4th 123, 139, fn. 17, 165 Cal.Rptr.3d 204, 314 P.3d 450.)
12 As to this and virtually all other appellate claims, defendant contends that an issue raised and decided in the trial court resulted in constitutional violations, but he did not present those constitutional theories below. In such instances, it appears that (1) the appellate claim is the kind that required no [specific argument] to preserve it, or (2) the new arguments do not invoke facts or legal standards different from those the trial court was asked to apply.... To that extent, defendant's new constitutional arguments are not forfeited on appeal. [Citations.] In the latter case, no separate constitutional discussion is required or provided where rejection of a claim that the trial court erred on the issue presented to that court necessarily leads to rejection of any constitutional theory or gloss' raised for the first time here. (People v. Contreras (2013) 58 Cal.4th 123, 139, fn. 17, 165 Cal.Rptr.3d 204, 314 P.3d 450.)
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