Does a defendant's failure to make a timely and specific objection on the ground asserted on appeal make that ground cognizable?

California, United States of America

The following excerpt is from People v. Benjamin, E056733 (Cal. App. 2014):

A "'defendant's failure to make a timely and specific objection' on the ground asserted on appeal makes that ground not cognizable. [Citations.]" (People v. Seijas (2005) 36 Cal.4th 291, 302.) Defendant did not raise the hearsay issue or Evidence Code section 352 issues below, and thus they are forfeited. The due process issue is also forfeited for failing to raise it at the trial court. (People v. Partida (2005) 37 Cal.4th 428, 435-436.) Since we have concluded defendant forfeited the issue for appeal, we address his argument that his trial counsel was ineffective.

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