What are the grounds used in a motion for a new trial?

California, United States of America


The following excerpt is from People v. Dalton, C069572 (Cal. App. 2015):

Defendant's argument concerning alleged prosecutorial misconduct (that the officers had no duty to seize the gun under Pen. Code, former 12028.5) was not raised in the trial court. As noted, the trial court properly considered the grounds asserted in the motion for new trial and ruled on those grounds. It was not given the opportunity to rule on the grounds now suggested by defendant. Since defendant's argument in the trial court did not include the grounds advanced on appeal, defendant forfeited consideration of the issue. (People v. Price, supra, 1 Cal.4th at p. 447.)

Page 31

4. Questioning of Defendant's Character Witness

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