California, United States of America
The following excerpt is from Walters, In re, 39 Cal.App.4th 1546, 47 Cal.Rptr.2d 279 (Cal. App. 1995):
We need not resolve the legal question whether a section 1203.2a claim is forfeited by failure to object at the time of imposition of sentence. "It is only [39 Cal.App.4th 1560] where the facts alleged indicate that the accused had no opportunity to present his contentions at the trial, or on appeal, that he may resort to the writ of habeas corpus." (People v. Lempia (1956) 144 Cal.App.2d 393, 398, 301 P.2d 40.) The facts in this case establish petitioner could not have raised his contention before the trial court or on appeal. Petitioner mailed his request for sentencing in absentia by certified mail; presumably, the certified mail receipt, which was not made a part of the trial court's record, was returned to petitioner at Soledad. Petitioner expressly waived his right to be present for sentencing, and for counsel at the sentencing hearing. Petitioner thus had no reason to believe
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