Does a challenge to a sentencing choice need to be made in the trial or on appeal?
California, United States of America
The following excerpt is from People v. Lewis, B248822 (Cal. App. 2014):
The court in People v. Scott (1994) 9 Cal.4th 331, 353-356, held that challenges to a sentencing choice must first be raised in the trial court or the issue will be deemed waived on appeal. Appellant did not raise this issue in the trial court, and the issue has been waived. However, because appellant asserts his counsel was ineffective for failing to object, we address the merits of his claim.
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