Does a party in a criminal case have to oppose a sentence on appeal?

California, United States of America


The following excerpt is from People v. Payne, C081889 (Cal. App. 2017):

It is well settled that "[a] party in a criminal case may not, on appeal, raise 'claims involving the trial court's failure to properly make or articulate its discretionary sentencing choices' if the party did not object to the sentence at trial." (People v. Gonzalez (2003) 31 Cal.4th 745, 751.) "The rule applies to 'cases in which the stated reasons allegedly do not apply to the particular case, and cases in which the court purportedly erred because it double-counted a particular sentencing factor, misweighed the various factors, or failed to state any reasons or give a sufficient number of valid reasons . . . .' " (Ibid., italics added.)

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