Can a defendant raise for the first time a claim that the court failed to state reasons for its sentencing choice?

California, United States of America


The following excerpt is from People v. Price, B239569 (Cal. App. 2013):

However, the transcript reveals that after the court imposed sentence, the court asked, "Have I missed anything, counsel?" Both the prosecutor and defense counsel replied, "I don't believe so." At this point, defense counsel did not raise the court's failure to state the reasons for its sentence choice. We therefore agree with respondent that appellant has forfeited his claim. (See Scott, supra, 9 Cal.4th at p. 353 [adhering to the view that a defendant cannot raise for the first time on appeal "claims involving the trial court's failure to properly make or articulate its discretionary sentencing choices"]; People v. Powell (2011) 194 Cal.App.4th 1268, 1297 [finding that the defendant forfeited his claim that the trial court failed to state reasons for its sentencing choices where the court asked "'Is there anything further for the record,'" and defense counsel replied "'No, sir.'"].)

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