What is the test for objecting to the use of photographs of a murder victim while they were alive?

Because defendant did not object at the time the photographs were used in questioning the witnesses, he failed to preserve the issue for appeal. Although he later raised an objection, that objection was not sufficiently timely to preserve the issue. The requirement that an objection to evidence be timely made is important because it "allows the court to remedy the situation before any prejudice accrues." (People v. Taylor (1982) 31 Cal.3d 488, 496, 183 Cal.Rptr. 64, 645 P.2d 115.)

Defendant contends that, if we find the issue was not preserved for appeal, we should find that his counsel were constitutionally ineffective for failing to object. Failure to object rarely constitutes constitutionally ineffective legal representation (People v. Avena (1996) 13 Cal.4th 394, 421, 53 Cal.Rptr.2d 301, 916 P.2d 1000), but assuming the matter was preserved, we would still find no error. Although only relevant evidence is admissible (Evid.Code, 350), "[t]he state is not required to prove its case shorn of photographic evidence merely because the defendant agrees with a witness or stipulates to a fact." (Weaver, supra, 26 Cal.4th at p. 933, 111 Cal.Rptr.2d 2, 29 P.3d 103.) Trial courts have wide discretion in admitting such photographic evidence, and we have explained that "trial courts should be alert to how photographs may play on a jury's emotions, especially in a capital case, [and] we rely on our trial courts to exercise their discretion wisely, both to allow the state fairly to present its case as well as to ensure that an accused is provided with a fair trial by an impartial jury." (Id. at p. 934, 111 Cal.Rptr.2d 2, 29 P.3d 103.) We have examined the challenged photographs and conclude the trial court did not abuse its broad discretion. Photographic evidence of murder victims while they were alive is not necessarily inadmissible. (People v. Smithey (1999) 20 Cal.4th 936, 975, 86 Cal.Rptr.2d 243, 978 P.2d 1171.) Even were we to reach a different conclusion, any error was manifestly harmless in light of the strong evidence of guilt, including defendant's confession. (People v. Watson (1956) 46 Cal.2d 818, 836, 299 P.2d 243.)