Is appellant's due process claim forfeited because he did not assert it below?

The People first counter that appellant's due process claim is forfeited because he did not assert it below. We disagree. The failure to raise constitutional claims in the lower court does not result in forfeiture of such claims on appeal where, as here, the constitutional claims "involve[] application of the same facts or legal standards [the accused] asked the trial court to apply, accompanied by a new argument that the... error

Page 6

.... had the additional legal consequence of violating the federal Constitution." (People v.

Friend (2009) 47 Cal.4th 1, 29, fn. 13.) Accordingly, we turn now to the merits of appellant's claim.³