Can a defendant waives an objection for failure to advise of the consequences of a plea by neglecting to raise the objection at the sentencing hearing?

California, United States of America


The following excerpt is from People v. Mesce, 52 Cal.App.4th 618, 60 Cal.Rptr.2d 745 (Cal. App. 1997):

16 A defendant waives an objection for failure to advise of the consequences of a plea by neglecting to raise the objection at the sentencing hearing. (People v. McClellan, supra, 6 Cal.4th at p. 377, 24 Cal.Rptr.2d 739, 862 P.2d 739.) Such a waiver can hardly be found, however, where the objection could not have been raised at the time of the plea, as is patently the case here. (Cf. ibid. [error waived where defense had notice of proposed consequence and could easily have raised objection along with others at sentencing].)

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