Can a claim that a sentence is unauthorized be reviewed even if appellant did not challenge it at the time of sentencing?

California, United States of America


The following excerpt is from The People v. Dickson, B216094, Los Angeles County Super. Ct. No. TA079930, Los Angeles County Super. Ct. No. VA100877 (Cal. App. 2010):

1. Although appellant did not challenge the fines at the time of sentencing, a claim that a sentence is unauthorized is reviewable regardless of whether an objection was raised. (People v. Smith (2001) 24 Cal.4th 849, 852.)

Other Questions


After reviewing the record of a motion brought by appellant in the Superior Court of Appeal against the appellant, what is the appellant's request for an independent review of the record? (California, United States of America)
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
When reviewing an appeal of a sentence for abuse of abuse of power, how will the appellate court review the sentence? (California, United States of America)
What is the appellant's burden to provide an adequate record for appellate review of his claim? (California, United States of America)
Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)
Can a sentence under section 654 of the California Criminal Code be challenged at the Court of Appeal on the grounds that the sentence was improperly sentenced? (California, United States of America)
Is an appeal moot when, through no fault of the appellant, an event occurs which makes it impossible for the reviewing court to provide any effective relief to the appellant even when ruling in the appellant's favor? (California, United States of America)
Is a finding of inability to pay attorney fees an unauthorized sentence that requires no objection to preserve an appellate challenge? (California, United States of America)
Does appellant's failure to seek modification of his probation sentence prior to his probation violation have any bearing on subsequent efforts by appellant to modify his sentence? (California, United States of America)
When reviewing a claim of instructional error in a school, how do we review the claims against the teacher? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.