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

California, United States of America


The following excerpt is from People v. Murphy, C082896 (Cal. App. 2018):

Defendant did not present a constitutional claim in the trial court. Therefore, his constitutional claim on appeal is limited. Defendant may argue for the first time on appeal that the asserted evidentiary error had the legal consequence of violating due process, but our rejection on the merits of defendant's claims of evidentiary error under the statute necessarily leads us to reject his new claims of constitutional error. (See People v. Partida (2005) 37 Cal.4th 428, 436-439.)

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