What is the test for a claim of discretionary sentencing error in a criminal case?

California, United States of America


The following excerpt is from People v. Craine, F074622 (Cal. App. 2020):

Claims of discretionary sentencing error, including those based on a trial court "merely incorporating by reference the aggravating and mitigating circumstances in the probation report," are subject to forfeiture. (People v. Scott (2015) 61 Cal.4th 363, 406.) "'A party in a criminal case may not, on appeal, raise "claims involving the trial court's failure to properly make or articulate its discretionary sentencing choices" if the party did not object to the sentence at trial.'" (Ibid.) Craine made no objections at the time of sentencing.

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