Does the Attorney General have the authority to disqualify a defendant from appealing against his sentence for assault with a deadly weapon?

California, United States of America


The following excerpt is from People v. Quon, E060223 (Cal. App. 2015):

As the Attorney General points out, defendant did not object to the court's statement at the sentencing hearing. The claim is therefore forfeited on appeal. (See People v. Scott (1994) 9 Cal.4th 331, 353.) Even if it was not forfeited, we would reject it. The court's statement appears to be based on the probation report, which refers to defendant's crime of "Assault With a Deadly Weapon, Not Firearm, or Force: Great Bodily Injury Likely, in violation of [Penal Code] Section 245[, subdivision] (a)(1) . . . ." This, in turn, appears to be a reflection of the title of the statute defendant violated, Penal Code section 245, which states: "Assault with deadly weapon or force likely to produce

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