What is the effect of a defense counsel's failure to raise an objection to a victim restitution order at the sentencing hearing?

California, United States of America


The following excerpt is from People v. Gurrola, E059181 (Cal. App. 2014):

The issue of the correctness of the order for victim restitution was mentioned, but no direct objection stated. Rather, defense counsel conditionally reserved the right to state an objection later, if the review of the documentation was not found to support the order. Defense counsel then presumably reviewed the documentation, and failed to raise any objection at any time after the sentencing hearing. The failure to raise a timely objection in the trial court resulted in a forfeiture of the issue. (See People v. Brasure (2008) 42 Cal.4th 1037, 1075 [a claim that a restitution order was unwarranted by the evidenceas distinct from a claim that such order was unauthorized by statuteis forfeited by failure to object].) Defense counsel ultimately did not contestfailed to object tothe amount of the victim restitution order. The claim raised now has been forfeited by that failure to object.

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