Is a defendant entitled to appeal against his sentence for assault with intent to cause grievous bodily harm?

California, United States of America


The following excerpt is from People v. Urbina, A133126 (Cal. App. 2012):

Defendant also argues that the court failed to state reasons for imposing the aggravated term. Defendant forfeited this claim because he failed to object in the trial court. (People v. Scott (1994) 9 Cal.4th 331, 356.) In any event, while the record is not clear on which factors the court relied upon in imposing the aggravated term, the court's remarks at the hearing indicate that in imposing the sentence, it relied on the fact that defendant was armed, he suffered a prior conviction, he was on probation at the time of the offense, and that he was in possession of a shotgun shell in his pocket. Resentencing, on these facts, is not required. It is not reasonably probable that the court would have

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