Does the waiver doctrine apply to claims that the trial court failed to consider mitigating circumstances in sentencing decisions?
California, United States of America
The following excerpt is from The People v. Meaux, B215315, No. PA052386 (Cal. App. 2010):
As noted ante, the waiver doctrine applies to claims that a trial court failed to properly make or articulate its discretionary sentencing choices. (People v. Scott, supra, 9 Cal.4th at p. 353; People v. Kelley, supra, 52 Cal.App.4th at p. 582.) Meaux never objected to the trial court's purported failure to consider mitigating circumstances, and accordingly he has forfeited this claim on appeal.
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