Is a defendant's failure to object below to the amount of fines set by the Court of Appeal forfeited the contention on appeal?

California, United States of America


The following excerpt is from People v. Armogeda, G051197 (Cal. App. 2016):

Because the fines were lawful under current law and the law in effect in January 2011, defendant's failure to object below to the court's exercise of its discretion in setting the amount of the fines has forfeited the contention on appeal. (People v. Garcia (2010) 185 Cal.App.4th 1203, 1218 [when fines imposed by court are permitted by law, the defendant's failure to object below forfeits challenge on appeal].)

Page 11

Other Questions


Is a defendant's failure to make a timely and specific objection to a motion on the grounds that he now raises an objection on appeal forfeits his claim on appeal? (California, United States of America)
Does a defendant's failure to object in the Court of Appeal forfeit the issue for appeal? (California, United States of America)
How have the courts dealt with a motion to strike a defendant's application to appeal against the court's order that defendant pay fees and fines? (California, United States of America)
Does a defendant's failure to object to the manner in which a trial court conducts voir dire forfeits any claim of error on appeal? (California, United States of America)
What is the effect of a notice of appeal against a fine imposed by the Court of Appeal against a defendant for failing to pay the fine? (California, United States of America)
What is the test for appeal against a $10,000 fine imposed by the Court of Appeal for failing to object to the imposition of the fine? (California, United States of America)
Does a defendant's failure to object to a fine under Penal Code section 1202.4 at the time it was imposed based on the ability to pay forfeits the issue for appeal? (California, United States of America)
Does a defendant's failure to object to an instruction that omitted reference to incidental and minimal use forfeits his contention on appeal? (California, United States of America)
Is a defendant's failure to object on appeal cognizable because the issue is not cognizable on appeal because trial counsel rendered ineffective assistance by failing to object? (California, United States of America)
Is a defendant's failure to object to the imposition of a restitution fine on appeal a waiver of right to complain on appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.