What is the test for a defendant to appeal against the California Supreme Court's finding that the California Civil Code of Civil Procedure is unconstitutional?

California, United States of America


The following excerpt is from People v. Felarca, 74 Cal.App.4th 972, 88 Cal.Rptr.2d 587 (Cal. App. 1999):

However, it is a well settled principle of "appellate review that a correct decision of the trial court must be affirmed on appeal even if it is based on erroneous reasoning." (Green v. Superior Court (1985) 40 Cal.3d 126, 138-139, 219 Cal.Rptr. 186, 707 P.2d 248.) Here the statute violates defendant's constitutional right to equal protection.

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