What is the state attorney general's argument that the appellant made an insufficient showing of BWS?
California, United States of America
The following excerpt is from The People v. Chavez, 107 Cal.Rptr.2d 552 (Cal. App. 2001):
5. The attorney general argues appellant made an insufficient showing of BWS as applied to the facts of this case. We are satisfied the showing was sufficient as an offer of proof. The attorney general also contends that the appellant has waived any federal constitutional claims regarding due process because of her failure to raise such a claim in the trial court, citing People v. Davis (1995) 10 Cal.4th 463, 503, footnote 1. We agree with the attorney general as to this point.
5. The attorney general argues appellant made an insufficient showing of BWS as applied to the facts of this case. We are satisfied the showing was sufficient as an offer of proof. The attorney general also contends that the appellant has waived any federal constitutional claims regarding due process because of her failure to raise such a claim in the trial court, citing People v. Davis (1995) 10 Cal.4th 463, 503, footnote 1. We agree with the attorney general as to this point.
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