In what circumstances will a defendant be denied a motion by the Court of Appeal against the Defendant for failing to make a timely assertion of a right?

California, United States of America


The following excerpt is from People v. Ford, C055058 (Cal. App. 4/18/2008), C055058 (Cal. App. 2008):

Defendant remained silent in the face of the court's denial of his Romero motion, making no objection to either the decision or the reasoning given by the court. As a result, his claim is forfeited on appeal. (People v. Walker (1991) 54 Cal.3d 1013, 1023; People v. Saunders (1993) 5 Cal.4th 580, 589-590 [failure to make timely assertion of a right before a tribunal having jurisdiction to determine it results in forfeiture of that right].)

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