What is the effect of a defendant's failure to object in a motion to terminate his mandatory supervision sentence?

California, United States of America


The following excerpt is from People v. Coberley, C086701 (Cal. App. 2019):

If we presume that defendant's reference to the trial court's continuing power under Penal Code section 1203.3 to "revoke, modify, or change the conditions of the court's order suspending the execution of the concluding portion of the supervised person's term" framed an argument that defendant's mandatory supervision should be terminated in the interests of justice in light of amendments to section 11370.2, defendant has waived his contentions of trial court error by failing to object below. (See People v. Tillman (2000) 22 Cal.4th 300, 302-303 [failure to object and request correction waives challenge to trial court's discretionary sentencing choice].)

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