Does Defendant have a claim that the erroneous admission of gun possession evidence during the course of his sentence invalidate his sentence?

California, United States of America


The following excerpt is from People v. Jackson, 13 Cal.4th 1164, 56 Cal.Rptr.2d 49, 920 P.2d 1254 (Cal. 1996):

18 Defendant also contends that the erroneous admission of the gun possession evidence violated his federal and state constitutional rights to a fair trial and a reliable determination of sentence. Defendant failed to raise these claims at trial, and they are therefore waived on appeal. (See People v. Benson, supra, 52 Cal.3d at pp. 786-787, fn. 7, 276 Cal.Rptr. 827, 802 P.2d 330.) Moreover, because defendant's contentions are based on state law error, which we have rejected, they are without merit.

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