California, United States of America
The following excerpt is from People v. Diaz, F063116 (Cal. App. 2013):
6. This issue was not forfeited by appellant's failure to object on this ground during this sentencing hearing. "'Errors in the applicability of section 654 are corrected on appeal regardless of whether the point was raised by objection in the trial court or assigned as error on appeal.' [Citation.]" (People v. Hester (2000) 22 Cal.4th 290, 295.) Yet, "on direct appeal the reviewing court is confined to the record. We cannot remand a case to the trial court for the purpose of trying an issue raised for the first time on appeal." (People v. Sparks (1967) 257 Cal.App.2d 306, 311.)
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