Is a defendant's claim that the trial court abused its discretion in sentencing him to two consecutive terms of imprisonment waived?

California, United States of America


The following excerpt is from People v. Schmitz, C058522 (Cal. App. 3/16/2009), C058522 (Cal. App. 2009):

In his reply brief, defendant claims his argument is only that the trial court abused its discretion in sentencing him to consecutive terms. Thus, he claims, he does not need a certificate of probable cause to raise the issue on appeal. Defendant's effort to recharacterize his claim in his reply brief is not well taken. (See Garcia v. McCutchen (1997) 16 Cal.4th 469, 482, fn. 10 [arguments raised for the first time in a reply brief may be deemed waived absent a showing of good cause].) Defendant's claim fails under either argument.

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