Does a defendant have a right to challenge the sentence imposed by the trial court?

California, United States of America


The following excerpt is from People v. Gallegos, C080969 (Cal. App. 2016):

As an initial matter, we agree with the People defendant has forfeited his right to challenge the sentence imposed by the trial court. Defendant contends the trial court erred by imposing a sentence that violated the terms of his plea agreement and due process. However, because defendant did not object below, he cannot raise this issue for the first time on appeal. (People v. Scott (1994) 9 Cal.4th 331, 353.) But even if defendant had not forfeited this argument, we conclude it fails on the merits.

The question of whether defendant had negative contacts within the meaning of the plea agreement is a factual question reviewed under the substantial evidence test. (See People v. Rabanales (2008) 168 Cal.App.4th 494, 509 (Rabanales).) The issue is whether, on the entire record, there is substantial evidence, contradicted or uncontradicted, that will support the determination. (Ibid.) " 'We do not reweigh or reinterpret the evidence; rather, we determine whether there is sufficient evidence to support the inference drawn by the trier of fact.' " (Ibid.)

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