What is the test for abuse of evidence at trial?

California, United States of America


The following excerpt is from People v. Booker, 119 Cal.Rptr.3d 722, 245 P.3d 366, 51 Cal.4th 141 (Cal. 2011):

We review for an abuse of discretion a trial court's admission of evidence. ( People v. D'Arcy (2010) 48 Cal.4th 257, 298, 106 Cal.Rptr.3d 459, 226 P.3d 949 ( D'Arcy ).) Having reviewed the photographs, we conclude the trial court did not abuse its discretion in admitting them.

[119 Cal.Rptr.3d 753, 245 P.3d 392]

At the outset, we note defendant did not object to many of the photographs admitted at trial; he also does not specify on appeal which photographs are the basis for this claim. As the failure to raise a timely objection forfeits the claim for appeal (see Evid.Code, 353; People v. Carey (2007) 41 Cal.4th 109, 126, 59 Cal.Rptr.3d 172, 158 P.3d 743), he cannot now complain about the majority of the photographs that were admitted. Regardless, even if defendant's claim could be applied to every photograph admitted at trial, his argument would still lack merit.

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