Does the Attorney General have any obligation to oppose the sentencing of a defendant who failed to object at the time of sentencing?

California, United States of America


The following excerpt is from The People v. Motuapuaka, A127998, San Mateo County Super. Ct. No. SC068620 (Cal. App. 2010):

The Attorney General contends that appellant forfeited his claim of error by failing to object at the time of sentencing, pointing out that appellant's counsel did not object on the ground the court relied on an inapplicable statute. The Attorney General cites the principle that a defendant is precluded from raising for the first time on appeal the sentencing court's failure to properly make or articulate its discretionary sentencing choices. (See People v. Scott (1994) 9 Cal.4th 331, 353.)

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