In what circumstances will a criminal defendant be found to have waived his right to challenge a restitution order for the first time on appeal?

California, United States of America

The following excerpt is from People v. Resendez, 12 Cal.App.4th 98, 15 Cal.Rptr.2d 575 (Cal. App. 1993):

The People rely almost exclusively on the authority of People v. Blankenship (1989) 213 Cal.App.3d 992, 262 Cal.Rptr. 141 (a case which involved, in part, a restitution order promulgated pursuant to Gov.Code 13967, subd. (c), and which, hereafter cited simply as Blankenship ) as support for their argument that defendant waived his right to contest the validity of the trial court's restitution order by not objecting to the same at the sentencing hearing. ¹⁰

Page 583
Blankenship relied heavily on the opinion in People v. Sandoval (1989) 206 Cal.App.3d 1544, 1549-1550, 254 Cal.Rptr. 674 (hereinafter cited [12 Cal.App.4th 113] simply as Sandoval ) in delineating the circumstances in which a criminal defendant will be found to have waived his or her right to challenge a restitution order for the first time on appeal:

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