What is an exception to the rule of forfeiture when a defendant raises constitutional claims on appeal?
California, United States of America
The following excerpt is from People v. Aviles, 252 Cal.Rptr.3d 727, 39 Cal.App.5th 1055 (Cal. App. 2019):
Another exception to the rule of forfeiture is when a defendant raises constitutional claims on appeal that "involve pure questions of law that can be resolved without reference to the particular sentencing record developed in the trial court. [Citations.]" ( People v. Welch, supra , 5 Cal.4th at p. 235, 19 Cal.Rptr.2d 520, 851 P.2d 802.)
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