California Supreme Court

The People, Plaintiff and Respondent v. Lewis Marcus Dowl, Defendant and Appellant — Werdegar, J., Concurring

August 29, 201357 Cal. 4th 1079

Summary

Justice Werdegar concurred in affirming the judgment, agreeing that the defendant forfeited any challenge to the admission of the officer's expert testimony by failing to object at trial. She disagreed, however, with treating that forfeiture as barring an unpreserved challenge to the sufficiency of the evidence, and concluded that the evidence was sufficient on the merits. The concurrence therefore distinguishes between forfeiture of an evidentiary-admissibility claim and preservation of a substantial-evidence claim.