Does appellant have to appeal against his sentence on the grounds that it is cruel and unusual punishment?

California, United States of America


The following excerpt is from People v. Caballero, B248232 (Cal. App. 2014):

At his resentencing hearing, appellant did not object to his sentence on grounds that it amounted to cruel and unusual punishment, nor did he ask the trial court to consider evidence that he was diagnosed with schizophrenia as mitigating evidence. Respondent correctly notes failure to raise these issues in the trial court forfeits the claims on appeal. (See People v. Scott (1994) 9 Cal.4th 331, 353.) Although appellant has technically forfeited the issues on appeal by not objecting in the trial court, "we 'shall reach the merits under the relevant constitutional standards, in the interest of judicial economy to prevent the inevitable ineffectiveness-of-counsel claim.' (People v. Norman (2003) 109 Cal.App.4th 221, 229-230.)" (People v. Russell (2010) 187 Cal.App.4th 981, 993.)

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