Is a defendant's failure to raise a fact-based objection to the amount of restitution imposed should not lead to forfeiture?

California, United States of America


The following excerpt is from People v. Frazier, F070434 (Cal. App. 2016):

Defendant presents several arguments as to why failure to raise a fact-based objection to the amount of restitution imposed should not lead to forfeiture. However, it has already been established that this court may find forfeiture in such circumstances. "An objection to the amount of restitution may be forfeited if not raised in the trial court." (People v. Garcia (2010) 185 Cal.App.4th 1203, 1218.) "The appropriate amount of restitution is precisely the sort of factual determination that can and should be brought to the trial court's attention if the defendant believes the award is excessive. Here, because defendant did not object to the amount of restitution in the trial court, he forfeited our consideration of the issue on appeal." (Ibid.)

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