Can a party in a criminal case raise claims involving the failure to properly articulate its discretionary sentencing?

California, United States of America


The following excerpt is from People v. Stevenson, C090897 (Cal. App. 2021):

"A party in a criminal case may not, on appeal, raise 'claims involving the trial court's failure to properly make or articulate its discretionary sentencing choices' if the party did not object to the sentence at trial. [Citation.] The rule applies to 'cases in which the stated reasons allegedly do not apply to the particular case . . . ,' but the rule does not apply when the sentence is legally unauthorized [citation]." (People v. Gonzalez (2003) 31 Cal.4th 745, 751.) It is only if the trial court fails to give the parties any meaningful opportunity to object that the rule becomes inapplicable. (Id. at p. 752.)

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