What is the consequence of a defendant failing to object to an evidentiary error on appeal?

California, United States of America

The following excerpt is from People v. Harrison, C088743 (Cal. App. 2020):

The People respond that defendant forfeited this issue on appeal because he failed to object in the trial court. (See Evid. Code, 353, subd. (a); People v. Dykes (2009) 46 Cal.4th 731, 756 [in general, "trial counsel's failure to object to claimed evidentiary error on the same ground asserted on appeal results in a forfeiture of the issue on appeal"].) Defendant argues he preserved the issue by objecting to CALCRIM No. 1193 and arguing that the admission of the evidence was error under J.L.G. Defendant further contends any objection would have been futile, given that California courts have found CSAAS evidence to be admissible. Regardless, defendant's contentions are without merit.

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