Is there any case law where defense counsel objected to the imposition of the upper term?
California, United States of America
The following excerpt is from People v. Lopez-Cole, A153033 (Cal. App. 2018):
Appellant contends the trial court relied on improper aggravating factors to impose the upper term. Because defense counsel did not object to the imposition of the upper term on the grounds raised here, the issue is forfeited. (People v. DeSoto (1997) 54 Cal.App.4th 1, 8.) We nonetheless consider the merits in light of appellant's claim that his trial counsel's failure to object constituted ineffective assistance of counsel.
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