Does a defendant have a right to raise the issue of a toxicology report on appeal?

California, United States of America


The following excerpt is from People v. Raya, C057667 (Cal. App. 7/2/2009), C057667. (Cal. App. 2009):

Because defendant never laid a foundation for the admission of the toxicology report, and did not later ask the trial court for a final ruling on the evidentiary issue, he has forfeited his right to raise the issue on appeal. (People v. Holloway (2004) 33 Cal.4th 96, 133 ["A tentative pretrial evidentiary ruling, made without fully knowing what the trial evidence would show, will not preserve the issue for appeal if the appellant could have, but did not, renew the objection or offer of proof and press for a final ruling in the changed context of the trial evidence itself. [Citations.] `"`Where the court rejects evidence temporarily or withholds a decision as to its admissibility, the party desiring to introduce the evidence should renew his offer, or call the court's attention to the fact that a definite decision is desired.'"' [Citation.]"].)

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