Does a defendant have to object at sentencing to the reasonableness of a probation condition before he can challenge the condition on appeal?

California, United States of America


The following excerpt is from People v. Ayala, E061947 (Cal. App. 2016):

As a general rule, a defendant must object at sentencing to the reasonableness of a probation condition before he may challenge the condition on appeal. However, an exception applies when the condition is challenged as unauthorized or in excess of the court's jurisdiction, and the issue involves a pure question of law that can be resolved without reference to the trial court record. (People v. Welch (1993) 5 Cal.4th 228, 235.) We will address the issue on the merits because it is easily resolved.

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