P.

P. v. Corsini CA4/1

Good Law
Court of Appeal of CaliforniaJuly 16, 2013D062236California757 words

Opinion

Opinion

Irion, J.

DISCUSSION

A. By Not Raising It in the Trial Court, Corsini Forfeited His Second Amendment Challenge to the Statute Criminalizing Possession of a Billy

Corsini argues that his conviction for possessing a billy should be reversed

because the statute under which he was convicted — section 22210 — violates the

Second Amendment to the United States Constitution under District of Columbia v.

Heller (2008) 554 U.S. 570 (Heller) and McDonald v. City of Chicago (2010) 561 U.S.

__ [130 S.Ct. 3020, 177 L.Ed.2d 894] (McDonald).

Corsini has forfeited this issue because he did not raise it in the trial court.

" ' "[N]o procedural principle is more familiar to this Court than that a constitutional

right," or a right of any other sort, "may be forfeited in criminal as well as civil cases by

the failure to make timely assertion of the right before a tribunal having jurisdiction to

determine it." ' [Citations.] 'The purpose of this rule is to encourage parties to bring

errors to the attention of the trial court, so that they may be corrected. [Citation.]' " (In re

Sheena K. (2007) 40 Cal.4th 875, 880-881.)

Corsini contends that even though he did not raise…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.