Is a defendant's right to interpreter waived by the defense at trial?

California, United States of America


The following excerpt is from People v. Salazar, C055689 (Cal. App. 7/27/2009), C055689 (Cal. App. 2009):

Here, the defense did not raise in the trial court any of the objections he now raises on appeal. Thus, his due process and fair trial argument is forfeited. (People v. Partida, supra, 37 Cal.4th at p. 434.)

Defendant suggests various reasons why his contention should not be deemed forfeited.

First, relying on People v. Aguilar (1984) 35 Cal.3d 785 (hereafter Aguilar), he claims "the right to an interpreter can only [be] waived by the defendant," a waiver that "must affirmatively appear on the record." The point is of no help to him.

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