Does evidence that violates Evidence Code section 1150 need to be objected at trial to preserve the contention on appeal?

California, United States of America


The following excerpt is from People v. Flores, C080799 (Cal. App. 2020):

Evidence Code section 1150 applies to appellate courts that review the record independently from a denial of a new trial motion. (See People v. Danks (2004) 32 Cal.4th 269, 298, fn 9, 301-302.) Because evidence that violates Evidence Code section 1150 is "of no jural consequence" and irrelevant, a party is not required to object at trial to preserve this contention on appeal. (People v. Johnson (2013) 222 Cal.App.4th 486, 494.)

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