What is the test for waiving a forfeiture claim?
California, United States of America
The following excerpt is from People v. McCaw, 1 Cal.App.5th 471, 203 Cal.Rptr.3d 914 (Cal. App. 2016):
3 We reject the forfeiture contention. Defendant's challenge to the sufficiency of the evidence, founded in a violation of the Sixth Amendment, is cognizable on appeal without objection to the evidence in the trial court. (See People v. Trujillo (2010) 181 Cal.App.4th 1344, 1350 fn. 3, 105 Cal.Rptr.3d 316 [[A]n argument that the evidence is insufficient to support a verdict is never waived].)
3 We reject the forfeiture contention. Defendant's challenge to the sufficiency of the evidence, founded in a violation of the Sixth Amendment, is cognizable on appeal without objection to the evidence in the trial court. (See People v. Trujillo (2010) 181 Cal.App.4th 1344, 1350 fn. 3, 105 Cal.Rptr.3d 316 [[A]n argument that the evidence is insufficient to support a verdict is never waived].)
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