Does a defense counsel have ever objected to a motion to strike?

California, United States of America


The following excerpt is from People v. Vela, B282676 (Cal. App. 2019):

Defense counsel did not describe any objection, motion to strike or facts which made clear the specific ground for the objection; nor did she describe any facts indicating whether the objection was timely made. Now, on appeal defendant contends that the testimony should have been excluded because it was so inflammatory that its probative value was substantially outweighed by the potential for undue prejudice. As defendant has not demonstrated that he objected on this ground in the trial court, we agree with respondent that the issue has not been preserved for appeal. An appellate court has no basis to review alleged error by the trial court "in failing to conduct an analysis it was not asked to conduct." (People v. Partida (2005) 37 Cal.4th 428, 435.)

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