California, United States of America
The following excerpt is from People v. Ochoa, 110 Cal.Rptr.2d 324, 26 Cal.4th 398, 28 P.3d 78 (Cal. 2001):
Defendant cites People v. Santamaria (1991) 229 Cal.App.3d 269, 280 Cal.Rptr. 43 (Santamaria), which includes a footnote indicating "the court's abuse of discretion here was of such magnitude that whether or not appellant objected is irrelevant." (Id. at p. 279, fn. 7, 280 Cal.Rptr. 43.) The Santamaria opinion, however, did not purport to abrogate the duty to object generally. On its facts, it found the court's abuse was so great as to warrant appellate relief notwithstanding the absence of objection. The facts of Santamaria differ markedly from those here, and it therefore does not govern our analysis.
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