Does a defendant's failure to object to a tentative decision at the trial level constitute forfeited?

California, United States of America


The following excerpt is from People v. Brown, C056510 (Cal. App. 1/13/2010), C056510. (Cal. App. 2010):

The People contend this argument was forfeited by defendant's failure to object below. However, there was extensive argument by defense counsel regarding the court's tentative decision. The purpose of requiring an objection at the trial level is to provide the court with the opportunity to correct the error. (People v. Marchand (2002) 98 Cal.App.4th 1056, 1060.) We believe counsel's arguments regarding sentencing were sufficient to accomplish this purpose and therefore do not find the matter forfeited.

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