Does the doctrine of waiver apply to a trial court's failure to properly make a discretionary sentencing choice?

California, United States of America

The following excerpt is from People v. Rojas, F060166, Kern Sup. Ct. No. BF128656A (Cal. App. 2011):

4.411(d).) The doctrine of waiver applies to the trial court's failure to properly make discretionary sentencing choices. (People v. Scott, supra, 9 Cal.4th at p. 353.) A decision to grant or deny probation is a discretionary sentencing choice. Moreover, the 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. (People v. Welch (1993) 5 Cal.4th 228, 233-234.)

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