Does a defendant need to raise an objection at his sentencing hearing to preserve his sufficiency of evidence?

California, United States of America


The following excerpt is from People v. Martinez, H035648 (Cal. App. 2012):

This court held that claims challenging the sufficiency of the evidence do not require an objection at the sentencing hearing in order to preserve them on appeal. (People v. Pacheco (2010) 187 Cal.App.4th 1392 [court held defendant's challenge to the sufficiency of evidence to support trial court's finding that he had the ability to pay a criminal justice administration fee was not waived by his failure to raise the objection in the trial court].) Similarly, here, defendant has not forfeited his sufficiency of the evidence claim.4

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