Is a defendant's failure to make a timely and specific objection on the ground asserted on appeal cognizable?

California, United States of America


The following excerpt is from People v. Nguyen, C086305 (Cal. App. 2019):

Defendant did not raise the severance issue below and has therefore forfeited his appellate contention. It is well-settled that a defendant's failure to make a timely and specific objection on the ground asserted on appeal makes that ground not cognizable. (People v. Partida (2005) 37 Cal.4th 428, 434.)

We cannot fault the trial court for trying the counts together when defendant never filed a motion to sever before trial. The trial court cannot address issues that were not presented to it. (Sommer v. Gabor (1995) 40 Cal.App.4th 1455, 1468-1468 [trial court did not err in failing to perform a governmental interest analysis when the appellant never asked the court to apply such principles].)

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