California, United States of America
The following excerpt is from People v. King, F067104 (Cal. App. 2016):
25. Defendant focuses on this "main technique." (See People v. Martinez, supra, 76 Cal.App.4th at p. 494.) Consequently, we need only address this prong of the test. (See Em, supra, 171 Cal.App.4th at pp. 972-976.)
26. We note that defendant failed to raise this constitutional challenge below. "All issues, even those involving an alleged constitutional violation, are subject to the rule of forfeiture, and a defendant's failure to raise the issue before the trial court will generally result in the appellate court's refusal to consider it." (People v. Navarro (2013) 212 Cal.App.4th 1336, 1347, fn. 9.) Notwithstanding this rule, we will consider the issue for the first time on appeal because the argument "[is] legal, [is] based on undisputed evidence, and center[s] on review of abstract and generalized legal concepts." (Id. at p. 1348.)
27. We highlight subdivision (b)(3) of section 3051, which reads:
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