What is the test for a defendant to argue that the trial court erred by excluding evidence of long-term drug use?

California, United States of America

The following excerpt is from People v. Franks, G040386 (Cal. App. 10/20/2009), G040386 (Cal. App. 2009):

Defendant now claims: "The trial court erred by excluding evidence of the victim's long-term drug usage." But he provides no record citations that he attempted any of the tactics for which the court gave him permission. There is no citation to show he requested a hearing out of the presence of the jury, attempted to prove up the victim's long-term drug usage in the jury's presence, that he even asked the victim if he used drugs within the last 48 hours or that he attempted in any other way to have some evidence regarding the victim's drug usage admitted. Under these circumstances, we must conclude defendant waived this argument. (Schubert v. Reynolds (2002) 95 Cal.App.4th 100, 109.)

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