Is Lord's failure to object to the probation search condition in the trial court invalid on appeal?

California, United States of America


The following excerpt is from People v. Lord, D053802 (Cal. App. 7/28/2009), D053802. (Cal. App. 2009):

Even if we were to conclude that this appeal involves a claim of post-plea error, Lord's failure to object to the fines and the probation search condition in the trial court forfeits that claim here. Again, it is well established that "failure to object and make an offer of proof at the sentencing hearing concerning alleged errors or omissions in the probation report waives the claim on appeal. [Citations.] No different rule should generally apply to probation conditions under consideration at the same time. A timely objection allows the court to modify or delete an allegedly unreasonable condition or to explain why it is necessary in the particular case. . . . A rule foreclosing appellate review of claims not timely raised in this manner helps discourage the imposition of invalid probation conditions and reduce the number of costly appeals brought on that basis. [Citation.]" (People v. Welch (1993) 5 Cal.4th 228, 234-235, fn. omitted.)

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