Does a defendant have to appeal against a sentence imposed on him by the Court of Appeal for failing to raise an objection to his prior conviction?

California, United States of America


The following excerpt is from People v. Wilmot, 2d Crim. No. B257509 (Cal. App. 2016):

Moreover, "[b]ecause [appellant] had notice of the sentence he faced and did not raise an objection in the trial court, he has forfeited [his] claim on appeal. [Citation.]" (People v. Houston, supra, 54 Cal.4th at p. 1228.) "A timely objection to the adequacy of the [prior conviction allegation] would have provided an opportunity to craft an appropriate remedy." (Ibid.) "[T]he court could have heard arguments on whether to permit the prosecutor to amend the [allegation]. (See 1009 [trial court may permit

Page 6

Other Questions


Can a defendant who fails to object to his or her sentence in the trial court raise a claim against the court on appeal? (California, United States of America)
When a motion to appeal against a reduction in the sentence of a convicted criminal has been granted by the Court of Appeal, does the Court have to credit time already served on the original sentence? (California, United States of America)
Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (California, United States of America)
What is the record of why defendant's trial counsel failed to object to the sentencing on the ground that the trial court improperly used defendant's religious beliefs as a basis for his sentence? (California, United States of America)
When a judge's original sentencing has been struck down by the Court of Appeal, does the sentencing court have the power to impose any sentence permitted under the applicable statutes and rules on remand? (California, United States of America)
Can a defendant who failed to object to the trial court's decision to conduct voir dire in open court preserve the issue for appeal? (California, United States of America)
Can a defendant appeal his prior conviction for assault as a misdemeanor at the Court of Appeal? (California, United States of America)
Is a defendant's failure to make a timely and specific objection to a motion on the grounds that he now raises an objection on appeal forfeits his claim on appeal? (California, United States of America)
Can a defendant who fails to object to the imposition of a fee or fine in the trial court raise a claim on appeal? (California, United States of America)
Can a sentencing court impose consecutive sentences on a defendant who has been convicted of two or more crimes? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.