California, United States of America
The following excerpt is from The People v. Peterson, B217407, No. GA071758 (Cal. App. 2010):
At the outset, we dispose of an argument that respondent briefly makes: defendant has forfeited his claim of error. It is true that in some instances the failure to renew a motion may constitute a waiver of an issue on appeal. (See People v. Davenport (1995) 11 Cal.4th 1171, 1195.) Here, respondent argues, the trial court offered defendant the opportunity to renew the motion if counsel had additional information in support of the admissibility of evidence of defendant's mental state. Defendant failed to do so until his motion for new trial, and by then, says respondent, it was too late.
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