Does a failure by defendant's trial attorney to object at his sentencing hearing after the trial court indicated that it would impose upper term sentences on count one and the enhancement?

California, United States of America


The following excerpt is from People v. Warren, A149697 (Cal. App. 2018):

enhancement (rule 4.421(b)(3)), and his unsatisfactory prior performance on probation (rule 4.421(b)(5)). As such, there is no basis for this court to conclude that any failure by defendant's trial attorney to object during the sentencing hearing after the trial court indicated that it would impose upper-term sentences on count one and the enhancement caused him undue prejudice. While perhaps more could have been done by defendant's counsel on this front, the likelihood that it would have resulted in a better outcome for him in this case is minimal. "[A] criminal defendant is entitled to a fair trial, not a perfect one." (People v. Sixto (1993) 17 Cal.App.4th 374, 393.)

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