Is appellant or his counsel precluded from objecting to any aspect of his sentence?

California, United States of America


The following excerpt is from People v. Cooper, F073322 (Cal. App. 2017):

There is simply nothing in the record of the sentencing hearing indicating appellant or his counsel was precluded from objecting to any aspect of appellant's sentence, which was within the 15-year lid agreed on at the plea hearing, when he was facing a far longer potential term, and less than the total term recommended by the probation officer's report. Under all these circumstances, we conclude appellant forfeited his appellate challenge to the court's failure to state reasons for imposing consecutive terms for counts 1, 3, 4, 7, and 10.

The judgment is affirmed.

Footnotes:

*. Before Gomes, Acting P.J., Detjen, J. and Smith, J.

1. Further statutory references are to the Penal Code unless otherwise specified.

2. The facts are taken from the report of the probation officer filed on January 4, 2016.

3. People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

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