People v. Mayorga

Opinion

RUBIN (L. D.), J. *

On this appeal we examine the propriety of raising for the first time on a motion for new trial the claim that a defendant’s rights under People v. Hitch (1974) 12 Cal.3d 641 [117 Cal.Rptr. 9, 527 P.2d 361] have been violated. Because under the facts of this case, defendant was not excused from raising the issue pretrial or during trial, we conclude his motion for a new trial on that ground did not timely raise the issue and the motion was properly denied. For this reason, and because defendant’s other arguments on appeal are also unmeritorious, we affirm.

Procedural…