Does defendant have a right to challenge the imposition of the upper term sentence?

California, United States of America


The following excerpt is from People v. Wilson, C077189 (Cal. App. 2016):

Preliminarily, we reject defendant's contention defense counsel objected to the imposition of the upper term during the sentencing hearing. The record establishes the trial court announced its tentative decision to impose the upper term and gave the parties an opportunity to be heard. Although defense counsel argued against the upper term, counsel did not object to any of the factors now challenged. Accordingly, we conclude defendant forfeited his right to challenge the trial court's imposition of the upper term sentence. (People v. Scott (1994) 9 Cal.4th 331, 352-353.) We will nevertheless address

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defendant's challenge because he contends defense counsel's failure to object amounts to ineffective assistance of counsel.

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