California, United States of America
The following excerpt is from People v. Navarro, A117497 (Cal. App. 1/31/2008), A117497 (Cal. App. 2008):
Appellant argues that his failure to object to the sentence in the court below did not result in a forfeiture of his right to raise the issue on appeal because such an objection would have been futile. (See, e.g., People v. Chavez (1980) 26 Cal.3d 334, 350, fn. 5.) However, we do not base our decision on forfeiture. Rather, we base our decision on finality. We decline, on direct appeal, to review a prior decision that could have been, but was not appealed.
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