Is a Defendant's restitution claim reviewable on appeal notwithstanding his failure to object?

Defendant maintains that his claim is reviewable on appeal notwithstanding his failure to object, because the restitution award was unauthorized by statute. (See People v. Brasure (2008) 42 Cal.4th 1037, 1075.) There is "a narrow exception to the [forfeiture] rule for '"unauthorized sentences" or sentences entered in "excess of jurisdiction."' [Citation.] Because these sentences 'could not lawfully be imposed under any circumstance in the particular case' [citation], they are reviewable 'regardless of whether an objection or argument was raised in the trial and/or reviewing court.' [Citation.]" (People v. Smith (2001) 24 Cal.4th 849, 852.) Appellate intervention has been deemed "appropriate in these cases because the errors presented 'pure questions of law' [citation], and were '"clear and correctable" independent of any factual issues presented by the record at sentencing.' [Citation.] In other words, obvious legal errors at sentencing that are correctable without referring to factual findings in the record or remanding for further findings are not [forfeited]." (Ibid.)

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