Does a defendant have to contend on appeal that the trial court committed error by failing to provide adequate notice of the evidence at trial?

California, United States of America


The following excerpt is from People v. Newlun, 227 Cal.App.3d 1590, 278 Cal.Rptr. 550 (Cal. App. 1991):

As a general rule, defendant may not contend on appeal that the trial court committed error unless the defendant has tendered an objection to the trial court on the ground later asserted on appeal. (See People v. Rogers (1978) 21 Cal.3d 542, 547-548, 146 Cal.Rptr. 732, 579 P.2d 1048.) As a rule, "it would be wholly inappropriate to reverse a superior court's judgment for error it did not commit and that was never called to its attention." (People v. Lilienthal (1978) 22 Cal.3d 891, 896, 150 Cal.Rptr. 910, 587 P.2d 706, fn. omitted.) Here, having failed to claim surprise or to request a continuance, defendant has waived objection to the evidence adduced at trial on the ground he did not have adequate notice of it. (People v. Wrigley (1968) 69 Cal.2d 149, 160, 70 Cal.Rptr. 116, 443 P.2d 580.)

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