Does defendant waive the issue of cruel and unusual punishment by failing to object to the constitutionality of his sentence below?
California, United States of America
The following excerpt is from People v. Duran, B225893 (Cal. App. 2012):
7. Having addressed the merits of defendant's claim that his sentence constituted cruel and unusual punishment, we need not decide whether defendant waived the issue by failing to object to the constitutionality of his sentence below. (People v. Cortez (1999) 73 Cal.App.4th 276, 286, fn. 10.)
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