Does defendant have any grounds to argue that the court did not have to waive the three pretrial conference rule?

California, United States of America

The following excerpt is from People v. Perozzi, C074508 (Cal. App. 2014):

There is no basis for such a conclusion. Nothing in the record even slightly suggests that the court believed it was bound by the three pretrial conference rule and "assumed" that it lacked discretion to go beyond the rule. The court was neither asked to waive the rule nor given a reason for doing so. "[I]t would be wholly inappropriate [for an appellate court] to reverse a superior court's judgment for error it did not commit and that was never called to its attention." (People v. Lilienthal (1978) 22 Cal.3d 891, 896.) Accordingly, we reject defendant's position.

The judgment is affirmed.

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