Is an appellate court permitted to rule on a question that has not been preserved for review?
California, United States of America
The following excerpt is from People v. Naegele, 2d Crim. No. B255370 (Cal. App. 2015):
issue. (People v. Williams (1998) 17 Cal.4th 148, 161, 162, fn. 6 ["An appellate court is generally not prohibited from reaching a question that has not been preserved for review by a party[;] [w]hether or not it should do so is entrusted to its discretion"].)
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