Does the waiver rule apply to claims of error in the sentencing context?

California, United States of America


The following excerpt is from People v. Lopez, D068685 (Cal. App. 2015):

"[O]nly 'claims properly raised and preserved by the parties are reviewable on appeal.' " (People v. Smith (2001) 24 Cal.4th 849, 852 (Smith).) This waiver rule was adopted " 'to reduce the number of errors committed in the first instance' [citation], and 'the number of costly appeals brought on that basis.' " (Ibid.) The rule is applied in the sentencing context "to claims of error asserted by both the People and the defendant. [Citation.] Thus, all 'claims involving the trial court's failure to properly make or articulate its discretionary sentencing choices' raised for the first time on appeal are not subject to review." (Ibid.)

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