Under what circumstances would the trial court have considered objections to the way it made or articulated its discretionary sentencing choices?

California, United States of America


The following excerpt is from People v. Alvisar, F064413 (Cal. App. 2013):

Under the circumstances, we find it likely, albeit not certain, the trial court would have considered objections to the manner in which it made or articulated its discretionary sentencing choices. (See Scott, supra, 9 Cal.4th at p. 353.) However, in light of defendant's alternative claim that trial counsel's failure to object constituted ineffective assistance of counsel, as well as our inherent authority to address the issue even if forfeited (People v. Williams (1998) 17 Cal.4th 148, 161-162, fn. 6), we find it appropriate to review defendant's claims on the merits rather than finding them forfeited.

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