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People v. McNeely11/21/2002
status and that he is, thus, being denied equal protection of the law. We disagree.
The record reveals that defendant did not raise an equal protection claim in the trial court. "An issue is not properly preserved for appellate review if, as here, it is not presented to the trial court and is raised for the first time on appeal." People v. Lesney, 855 P.2d 1364, 1366 (Colo. 1993). For a defendant to fairly present a constitutional claim, the court must "surely be alerted" to the constitutional argument. Duncan v. Henry, 513 U.S. 364, 365, 115 S.Ct. 887, 888, 130 L.Ed.2d 865, 868 (1995).
Although defendant asserts that he implicitly raised the equal protection argument, because he did not do so expressly , we do not consider it here.
The judgment and sentence are affirmed.
JUDGE DAVIDSON and JUDGE KAPELKE concur.
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