Does a failure to object at a sentencing hearing waives the objection?
California, United States of America
The following excerpt is from People v. Haeckelqualls, A130622 (Cal. App. 2012):
We agree with respondent that appellant has forfeited this objection by failing to object at the sentencing hearing. (People v. Scott (1994) 9 Cal.4th 331, 353 [the forfeiture doctrine applies to claims involving the trial court's failure to properly make or articulate its discretionary sentencing choices]; People v. Gibson (1994) 27 Cal.App.4th 1466, 1468 [failure to object to a restitution fine on procedural grounds waives the objection].)
"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 waives an objection for failure to advise of the consequences of a plea by neglecting to raise the objection at the sentencing hearing? (California, United States of America)
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)
Is a defendant's failure to object and make an offer of proof at the sentencing hearing concerning alleged errors or omissions in the probation report waives the claim on appeal? (California, United States of America)
What is the effect of a defense counsel's failure to raise an objection to a victim restitution order at the sentencing hearing? (California, United States of America)
Is a defendant's failure to object at sentencing to a probation condition waives the claim of error on appeal? (California, United States of America)
In what circumstances have courts inferred consent from a defendant's failure to object on a preliminary hearing transcript where the sentence was amended to include a nonincluded offence? (California, United States of America)
Is a defendant entitled to a continuance of his sentencing hearing if he does not receive his probation report prior to the sentencing hearing? (California, United States of America)
Is a trial court's failure to provide a statement of reasons for sentencing a defendant to a sentence that would have changed the sentence? (California, United States of America)
Does a defendant's failure to object at sentencing to noncompliance with the probation supervision fees of section 1203.1b waives any claim of error on appeal? (California, United States of America)
Does a failure to object to the prosecutor's closing argument at trial waive the right to object on appeal? (California, United States of America)
