What is the test for making a constitutional argument on appeal?

California, United States of America


The following excerpt is from People v. Lee, C073202 (Cal. App. 2016):

2. Defendant did not raise this argument at trial. However, we may consider a constitutional issue raised for the first time on appeal to the extent it presents a pure question of law or involves undisputed facts. (People v. Mitchell (2012) 209 Cal.App.4th 1364, 1370.)

3. California Constitution, article I, section 13.

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