What is the state attorney general's position on a motion to strike?
California, United States of America
The following excerpt is from People v. Riel, 22 Cal.4th 1153, 96 Cal.Rptr.2d 1, 998 P.2d 969 (Cal. 2000):
Defendant contends the court erred. The Attorney General first argues that the motion to strike came too late to preserve the issue for appeal. This question is close and difficult. As we have done on occasion in similar situations, we will assume the issue is cognizable and decide it on the merits. (See People v. Burner (1995) 9 Cal.4th 1178, 1183, fn. 5, 40 Cal.Rptr.2d 534, 892 P.2d 1277.)
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