Is a motion to sever the firearm possession charge from the homicide charge forfeited on appeal?

California, United States of America


The following excerpt is from People v. Florez, F064311 (Cal. App. 2013):

We must first address defendant's severance motion as made in the trial court. Defendant had moved to sever the firearm possession charge on the basis it was unduly prejudicial to the homicide charges. On appeal, defendant abandons that argument and argues the exact opposite: the homicide charges were unduly prejudicial to the firearm possession charges. As defendant failed to present this argument in the trial court, he has forfeited the argument on appeal. (People v. Stanley (1995) 10 Cal.4th 764, 798 [asserted ground for severance forfeited where not raised at trial].)

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