What is the test for determining whether a defendant has been found guilty of a constitutional error by the Court of Appeal?
California, United States of America
The following excerpt is from People v. Curlee, 188 Cal.Rptr.3d 421, 237 Cal.App.4th 709 (Cal. App. 2015):
Moreover, as noted in People v. Brown (1996) 42 Cal.App.4th 461, 471, 49 Cal.Rptr.2d 652, [a]lthough California authorities on the point are not uniform, our courts have several times examined constitutional issues raised for the first time on appeal, especially when the enforcement of a penal statute is involved [citation], the asserted error fundamentally affects the
[237 Cal.App.4th 716]
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