Does a criminal defendant's failure to object in the trial court to an unreasonable probation condition forfeits the claim?

California, United States of America


The following excerpt is from People v. Eric V. (In re Eric V.), G050897 (Cal. App. 2016):

As a general rule, a criminal defendant's failure to object in the trial court to an unreasonable probation condition forfeits the claim. (People v. Welch (1993) 5 Cal.4th 228, 234-238.) However, when the purported sentencing error involves a pure question of law not dependent on a record developed in the trial court, the appellate court may decide to hear the issue, "particularly where the defendant might otherwise spend too much . . . time in custody." (Id. at pp. 235-236.)

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