Does Defendant fail to identify any authority indicating that forfeiture concerns are irrelevant because his claims concern "a pure question of law which is presented by undisputed facts"?

California, United States of America


The following excerpt is from People v. Potts, S072161 (Cal. 2019):

Defendant likewise fails to identify any authority indicating that forfeiture concerns are irrelevant because his claims concern " 'a pure question of law which is presented by undisputed facts.' " (People v. Hines (1997) 15 Cal.4th 997, 1061.) Defendant's interpretation of that exception to the forfeiture rule would seem to imply that any issue reviewable de novo may be raised for the first time on appeal, even when, as here, information about the prosecutor's intonation would be relevant, but is not revealed by the trial transcripts. Such an exception would allow a defendant to invalidate an entire trial based on a claim of prosecutorial misconduct that could have been easily remedied by a timely objection and an admonition. We decline to extend the exception to the circumstances presented here, or to excuse the forfeiture as a matter of discretion.

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