What is the test for making a claim on appeal against the findings of a jury in a criminal case?

Because this claim was not the subject of any proceeding in the trial court, and indeed involves events occurring after defendants trial, it is not cognizable on appeal. "[T]he issue is better decided on a petition for writ of habeas corpus than on direct appeal, at least under the circumstances here presented. Where, as here, the asserted inconsistencies in prosecutorial theory were not the subject of any proceeding in the trial court and, hence, neither the inconsistencies nor any explanations the prosecutor may have been able to offer appear in the appellate record, any due process claim defendant can state should be presented by petition for writ of habeas corpus rather than by appeal. " ( People v. Sakarias (2000) 22 Cal.4th 596, 635, 94 Cal.Rptr.2d 17, 995 P.2d 152.)