California, United States of America
The following excerpt is from People v. Garcia, B231083 (Cal. App. 2012):
The trial court in discussing the nature, seriousness and circumstances of the crime, noted that "a person died." Involuntary manslaughter, is the "unlawful killing of a human." ( 192.) Citing People v. Parrott (1986) 179 Cal.App.3d 1119, 1124-1125, defendant contends that the trial court erred in basing its denial of probation on an
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element of the offensei.e. that a person died. Defendant, however, has forfeited this claim by his failure to object on this basis before the trial court. (People v. Scott (1994) 9 Cal.4th 331, 353, 356 [arguments about manner in which trial court exercises sentencing discretion cannot be raised for first time on appeal].)
The judgment is affirmed.
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