P.
P. v. Corsini CA4/1
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.)