California, United States of America
The following excerpt is from People v. See, F067147 (Cal. App. 2015):
Assuming the trial court erred in failing to reach the merits of the February 2013 Motion, appellant cannot establish prejudice. He contends a structural error occurred, requiring automatic reversal because he was deprived of a ruling on the merits to strike the gang allegations. He asserts his trial then resulted in an abundance of inflammatory and damaging gang evidence. These arguments are without merit because the trial court issued a ruling in 2011 regarding the validity of the same evidence for the gang enhancement in count 1. Appellant never challenged that ruling. Thus, a structural error did not occur requiring automatic reversal. (People v. Flood (1998) 18 Cal.4th 470, 500 [a structural error occurs in a very limited class of cases and is a defect affecting the framework within which the trial proceeds and not just simply an error in the trial process itself].)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.