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


The following excerpt is from People v. Schafer, C083560 (Cal. App. 2020):

7. The People argue defendant forfeited this claim on appeal by not objecting in the trial court. We disagree. The trial court thought it was required by statute to sentence defendant consecutively, meaning that any objection by defendant would have been overruled by the trial court as meritless. (People v. Welch (1993) 5 Cal.4th 228, 237 ["[r]eviewing courts have traditionally excused parties for failing to raise an issue at trial where an objection would have been futile"].)

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