Does a defendant have a right to appeal against his sentence for a strike under section 1385 of the Criminal Code?

California, United States of America

The following excerpt is from People v. Penn, D073706 (Cal. App. 2018):

Second, the record shows at sentencing, defendant did not ask the trial court to dismiss a strike prior when the court sentenced him to the indeterminate term of 25 years to life. As such, he forfeited this claim of error. (See People v. Carmony (2004) 33 Cal.4th 367, 375-376 [explaining that "any failure on the part of a defendant to invite the court to dismiss under section 1385 following [People v. Superior Court] Romero [(1996) 13 Cal.4th 497] waives or forfeits his or her right to raise the issue on appeal"].)

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Does a defendant have a right to appeal against his sentence for a strike under section 1385 of the Criminal Code?

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