Does a motion for a new trial substitute for a timely objection?

California, United States of America


The following excerpt is from People v. Jones, F072055 (Cal. App. 2017):

26. The fact that defendant raised the issue in his motion for new trial does not alter our conclusion. The filing of a motion for new trial does not revive claims forfeited through lack of a timely and specific objection. (People v. Cowan (2010) 50 Cal.4th 401, 486; see also People v. Dykes (2009) 46 Cal.4th 731, 794; People v. Williams, supra, 16 Cal.4th at p. 254.) "Defendant offers no authority for his implied suggestion that subsequent arguments in a motion for new trial may substitute for a timely objection." (Ibid.)

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