Can a party challenge a court's failure to fully articulate its reasoning in a motion to reduce the offense?

California, United States of America


The following excerpt is from People v. Nguyen, D068275 (Cal. App. 2016):

Where a party seeks to challenge a court's decision on a motion to reduce the offense the party may not challenge the court's failure to fully articulate its reasoning unless the party asks the court to do so. Failure to address the issue in the trial court precludes consideration of the issue on appeal. (People v. Erdelen (1996) 46 Cal.App.4th 86, 90-91.)

Other Questions


What is the legal test for approval of a motion by the California Supreme Court on a motion to approve a motion for approval by the Court of Appeal? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Does a court's specification of reasons for granting a motion for a new trial, which does not state any grounds or reasons for the decision to grant the motion, constitute untimely and void? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
What is the test for reasonable expectation of privacy under the Fourth Amendment when an overnight guest is found to have been a party to a party in the home of the party's landlord? (California, United States of America)
What are the consequences of counsel failing to give counsel a reason for their failure to comply with a motion of motion? (California, United States of America)
What is the test for applying the independent or de novo standard of review to a failure by a trial court to instruct on an uncharged offense that is assertedly lesser than, and included in the charged offense? (California, United States of America)
What is the standard of review for a challenge to a trial court's failure to instruct on a lesser included offense? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
If a trial court orders testing without articulating its reasons on the record, will the appellate court presume an implied finding of probable cause? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.