Does a defendant have a right to appeal against their sentence?

California, United States of America


The following excerpt is from People v. Baker, C080869 (Cal. App. 2020):

Defendant has forfeited this claim because he did not object to his sentence in the trial court. "A defendant's failure to contemporaneously object that his sentence constitutes cruel and unusual punishment forfeits the claim on appellate review. [Citations.] A claim a sentence is cruel and unusual is forfeited on appeal if it is not raised in the trial court, because the issue often requires a fact-bound inquiry." (People v. Speight (2014) 227 Cal.App.4th 1229, 1247.)

The judgment is affirmed.

/s/_________
HULL, Acting P. J.

We concur:

/s/_________
BUTZ, J.

/s/_________
MURRAY, J.

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