Does a defendant have a right to challenge the upper term sentence in a subsequent appeal?

Relying on People v. Senior (1995) 33 Cal.App.4th 531, 538, the People also assert that defendant forfeited his right to challenge the upper term sentence by failing to raise the issue in his prior appeal. Senior holds "that when a criminal defendant could have raised an issue in a previous appeal but did not do so, the defendant may be deemed to have [forfeited] the right to raise the issue in a subsequent appeal, absent a showing of good cause for justification for the delay." (Id. at p. 533.) Although the issue the defendant sought to raise in his subsequent appeal in that case "was technically embraced in [the court's] remand order, which reopened for the court's consideration all components of the aggregate sentencing scheme," the court found the defendant forfeited the issue where "all of the factual predicates upon which [his] present contention rests were available at the time of [his] initial appeal." (Id. at p. 538.)