Does a defendant have forfeited any right to raise objections to the grant of probation at the time of sentencing?

California, United States of America


The following excerpt is from People v. Superior Court of Riverside County, E045680 (Cal. App. 7/1/2008), E045680 (Cal. App. 2008):

As a preliminary matter, we reject defendant's contention that the People have forfeited any right to raise objections to the grant of probation because it failed to raise them at the time of sentencing. The sentencing court is not required to issue a tentative decision before the sentencing hearing, but the forfeiture rule applies only if the sentencing court describes the sentence it intends to impose and reasons for the sentence, and the court thereafter considers the objections of the parties before the actual sentence. (People v. Gonzalez (2003) 31 Cal.4th 745, 752.) In this case, the sentencing court was conducting a Romero

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