Does a defendant who fails to raise a double jeopardy defense at trial "technically" forfeits the defense on appeal?

California, United States of America

The following excerpt is from People v. Gardea, C078142 (Cal. App. 2020):

At the outset, we address whether defendant forfeited the double jeopardy issue. We find he did, at least "technically." A defendant who fails to raise a double jeopardy defense at the trial level "technically" forfeits the defense on appeal. (People v. Williams (1999) 21 Cal.4th 335, 343-344.) But although technically forfeited, courts will still consider "the double jeopardy claim on the merits indirectly through a claim of ineffective assistance of counsel." (Id. at p. 344.) We thus do so here.

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