When a discretionary sentencing decision on appeal is made for the first time on appeal, is it subject to appellate review?
California, United States of America
The following excerpt is from People v. Mata, F061132 (Cal. App. 2012):
the trial court should have made its discretionary sentencing choice in a manner that avoids multiple reimbursement for a single expense is made for the first time on appeal, it is not subject to appellate review. (People v. Smith, supra, 24 Cal.4th at p. 852.)
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