What is the test for a failure to object on a motion of no objection?

California, United States of America


The following excerpt is from People v. Stitely, 108 P.3d 182, 26 Cal.Rptr.3d 1, 35 Cal.4th 514 (Cal. 2005):

We reject these claims. First, as noted by the Attorney General, defendant did not seek to exclude the evidence below on any theory raised here. As in prior cases involving a failure to object on similar grounds, the claims have been forfeited on appeal. (People v. Anderson (1990) 52 Cal.3d 453, 478, 276 Cal.Rptr. 356, 801 P.2d 1107.)

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