Can a motion for a new trial be heard on appeal?

California, United States of America

The following excerpt is from People v. Bush, B227828 (Cal. App. 2012):

Appellant has forfeited his claims that the new trial motion should have been granted on grounds that were omitted from the motion made in the trial court. (See People v. Marks (2003) 31 Cal.4th 197, 229.) In any event, we have rejected the claims on appeal. For those same reasons, they did not warrant a new trial. (See People v. Coffman & Marlow (2004) 34 Cal.4th 1, 127.) Appellant has failed to demonstrate the trial court abused its discretion in denying his motion for new trial.

The judgment is affirmed.

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