Can a defendant who failed to object to the order requiring him to be tested under section 1202.1 of the California Civil Code, challenge the order on appeal?

California, United States of America


The following excerpt is from People v. Barajas, A140189 (Cal. App. 2015):

In the trial court the defendant did not object to the order requiring him to be tested, and the court failed to note a finding of probable cause as required by the statute. By failing to object, the defendant forfeited any objection to the court's failure to make the finding required by section 1202.1, subdivision (e)(6) (People v. Stowell (2003) 31 Cal.4th 1107), but despite the absence of an objection he may challenge on appeal the absence of probable cause to support the testing order. (People v. Butler (2003) 31 Cal.4th 1119, 1123.)

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