Does a defendant who failed to raise a section 654 claim at sentencing forfeit the claim on appeal?
California, United States of America
The following excerpt is from People v. Orona, A143354 (Cal. App. 2018):
11. As we will discuss, at the sentencing hearing, there was only an inconclusive comment about section 654 by the prosecutor. Defendant contends, and the Attorney General does not dispute, that defendant's failure to raise the section 654 claim at sentencing does not forfeit the claim on appeal. (See People v. Hester (2000) 22 Cal.4th 290, 295; People v. Scott (1994) 9 Cal.4th 331, 354, fn. 17.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (California, United States of America)
Can a defendant who fails to object to his or her sentence in the trial court raise a claim against the court on appeal? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
When a defendant fails to raise an issue in the opening brief, raising it for the first time in the reply brief, is a claim of ineffective assistance forfeited? (California, United States of America)
Is a defendant's claim waived on appeal because he failed to raise it at his sentencing hearing? (California, United States of America)
Does defendant have a claim that he forfeited his right to appeal against his sentence for failing to object at trial? (California, United States of America)
Can a defendant appeal against the execution of a state prison sentence for failing to raise a constitutional issue at the sentencing hearing? (California, United States of America)
Is a defendant's failure to make a timely and specific objection to a motion on the grounds that he now raises an objection on appeal forfeits his claim on appeal? (California, United States of America)
Does a defendant have forfeited the issue of motive under section 1101, subdivision (b) of section 1103 of the Criminal Code for failing to provide evidence that the victim's prior criminal convictions would have bolstered his claim of self-defense? (California, United States of America)
Can a defendant appeal against his sentence under section 654 of the California Criminal Code for failing to comply with the requirements of the Court of Appeal? (California, United States of America)
