Does the forfeiture rule apply when the trial court sets forth the sentence it intends to impose?

California, United States of America


The following excerpt is from People v. Warner, 256 Cal.Rptr.3d 657, 43 Cal.App.5th 457 (Cal. App. 2019):

The forfeiture rule applies when the trial court sets forth the sentence it intends to impose and the reasons supporting its discretionary choices and gives the parties a chance to object to any errors in the sentence. ( People v. Sperling (2017) 12 Cal.App.5th 1094, 1101, 219 Cal.Rptr.3d 570, 576.) The rule is inapplicable only if the trial court fails to give the parties an opportunity to object. As set forth above, the trial court gave the parties an opportunity to object to the sentence.

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