Does a defendant's failure to object below that his LWOP sentence was cruel and unusual?

California, United States of America


The following excerpt is from People v. Alvarez, H045451 (Cal. App. 2020):

Defendant did not object below that his LWOP sentence was cruel and unusual. "A defendant's failure to contemporaneously object that his sentence constitutes cruel and unusual punishment forfeits the claim on appellate review." (People v. Speight (2014) 227 Cal.App.4th 1229, 1247.) Accordingly, defendant has forfeited the claim that his sentence constitutes cruel and unusual punishment.

For the first time on reply, defendant contends trial counsel's failure to object to the sentence as cruel and unusual constituted ineffective assistance of counsel. That claim is waived, having been omitted from the opening brief. (People v. Duff (2014) 58 Cal.4th 527, 550, fn. 9 [declining to resolve an ineffective assistance claim raised for the first time in defendant's reply brief.)

2. Defendant's Eighth Amendment Claim Fails on the Merits

Even if defendant's Eighth Amendment claim had been preserved, it would fail on the merits.

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