Does defendant have a right to raise the issue of cruel and unusual punishment on appeal?

^2. The People argue defendant's failure to object in the trial court forfeits his right to raise the issue on appeal. However, an appellate court possesses the discretion to review a waived or forfeited claim to avert a claim of inadequate assistance of counsel. (People v. Yarbrough (2008) 169 Cal.App.4th 303, 310.) Since defendant makes such a claim, we review the issue on appeal.

^3. The People contend defendant has waived the issue by failing to object during the discussion over instructions. However, defense counsel did object to the court's consideration of the unpublished case.

^4. Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694] (Miranda).

^5. Prior to sentencing, defendant argued in his sentencing brief that 25 years to life was cruel and unusual punishment. The trial court, citing People v. Lewis (2004) 120 Cal.App.4th 837, found the sentence did not constitute cruel and unusual punishment.