Does the Attorney General's failure to object in this matter forfeit the issue for appeal?

California, United States of America


The following excerpt is from People v. Brown, 202 Cal.Rptr.3d 95, 247 Cal.App.4th 211 (Cal. App. 2016):

Contrary to the Attorney General's assertion, the failure to object in this matter did not forfeit the issue for appeal. First, the complained of acts on the court's part took place outside counsel's presence. Second, the court did not advise counsel of its actions until after it excused the jury. Third, the issue is an important one affecting defendant's substantial rights and we choose to address it regardless of whether there was a post-event objection or not. (People v. Williams (1998) 17 Cal.4th 148, 162, fn. 6, 69 Cal.Rptr.2d 917, 948 P.2d 429.)

[247 Cal.App.4th 234]

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