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
The following excerpt is from People v. Marcus, 2d Crim. No. B297241 (Cal. App. 2020):
the defendant." (1202.4, subd. (f)(1).) Appellant never requested a hearing on the amount of restitution nor did he file a motion to modify that amount. "[A] defendant's failure to object in the trial court to the imposition of a restitution fine constitutes a waiver of the right to complain thereof on appeal." (People v. Gibson (1994) 27 Cal.App.4th 1466, 1469.)
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