Is a defendant entitled to appeal against a finding that he failed to submit an objection to a finding of no objection?

California, United States of America


The following excerpt is from People v. Valenzuela, A139615 (Cal. App. 2015):

objection and is so noted for the record." Because defendant lodged no objection to the trial court's ruling, he has forfeited his appellate challenge to the imposed sums for reimbursement for medical examination costs, a restitution fine, and a probation report fee. (People v. Aguilar (2015) ___ Cal.4th ___, ___ [2015 Cal. Lexis 4, *8-9].) In all events, we see no reason to now address defendant's argument. There is no evidence in the record that the court has issued its decision after the collection unit's assessment and recommendation or ruled on any request by defendant for a hearing on his ability to pay the imposed sums. Accordingly, we conclude defendant's request for appellate relief is premature and must await further proceedings in the trial court.

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