Does a minor who fails to object below to a sentence that violates section 654 of the California Criminal Code have to appeal against the sentence?
California, United States of America
The following excerpt is from People v. R.S. (In re R.S.), C082990 (Cal. App. 2017):
2. The minor's failure to object below does not forfeit his appellate challenge because violations of section 654 are reviewable without objection as an unauthorized sentence. (People v. Perez (1979) 23 Cal.3d 545, 549, fn. 3 ["Errors in the applicability of section 654 are corrected on appeal regardless of whether the point was raised by objection in the trial court or assigned as error on appeal"].)
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