Is a section 1203.2a claim forfeited by failure to object at the time of imposition of sentence?

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

Page 288

Other Questions


Is a defendant's failure to make a timely and specific objection to a motion on the grounds that he now raises an objection on appeal forfeits his claim on appeal? (California, United States of America)
Does a defendant's failure to object at sentencing to noncompliance with the probation supervision fees of section 1203.1b waives any claim of error on appeal? (California, United States of America)
Does a defendant who failed to raise a section 654 claim at sentencing forfeit the claim on appeal? (California, United States of America)
Does defendant have a claim that he forfeited his right to appeal against his sentence for failing to object at trial? (California, United States of America)
Does a defendant have forfeited the issue of motive under section 1101, subdivision (b) of section 1103 of the Criminal Code for failing to provide evidence that the victim's prior criminal convictions would have bolstered his claim of self-defense? (California, United States of America)
What is the test for a claim that appellant forfeited a claim of error by failing to object to the jury instruction? (California, United States of America)
Is a defendant's failure to object and make an offer of proof at the sentencing hearing concerning alleged errors or omissions in the probation report waives the claim on appeal? (California, United States of America)
Does Respondent have forfeited his claim that defendant has a right to a jury trial through failure to object? (California, United States of America)
Does a defendant's failure to object to a fine under Penal Code section 1202.4 at the time it was imposed based on the ability to pay forfeits the issue for appeal? (California, United States of America)
Is a restitution fine under section 1202.4 forfeited by failure to object? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.