People v. Senior

Opinion

MIHARA, J.

In this case we hold that when a criminal defendant could have raised an issue in a previous appeal but did not do so, the defendant may be deemed to have waived the right to raise the issue in a subsequent appeal, absent a showing of good cause or justification for the delay. Since we perceive no reasonable basis for the failure to raise a sentencing issue advanced for the first time in defendant’s third appeal, 1 we apply the waiver rule to defendant’s belated assertion of error.

Procedural Background

Defendant Erick Robertson Senior was convicted by jury of nine counts of…