Does the forfeiture rule apply to sentences entered in excess of jurisdiction?

California, United States of America


The following excerpt is from People v. Webb, H036519 (Cal. App. 2011):

The forfeiture rule is, however, subject to certain exceptions, such as instances of " 'unauthorized sentences' or sentences entered in 'excess of jurisdiction.' " (People v. Welch (1993) 5 Cal.4th 228, 235.) The rationale for such exceptions is that "the errors presented 'pure questions of law' [citation], and were ' "clear and correctable"

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independent of any factual issues presented by the record at sentencing.' [Citation.] In other words, obvious legal errors at sentencing that are correctable without referring to factual findings in the record or remanding for further findings are not waivable." (People v. Smith (2001) 24 Cal.4th 849, 852.)

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