What is the test for appeal against a $10,000 fine imposed by the Court of Appeal for failing to object to the imposition of the fine?

California, United States of America


The following excerpt is from People v. Franklin, F069520 (Cal. App. 2015):

Although appellant did not object to the imposition of the fine at the time it was imposed, the issue is reviewable on appeal because it constitutes an unauthorized sentence. (People v. Breazell (2002) 104 Cal.App.4th 298, 305 [an unauthorized sentence, a sentence that could not be imposed under any circumstances in a particular case, is a narrow exception to the requirement that parties must raise claims in trial court

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to preserve issues for appeal].) We find the fine was improperly imposed and order it stricken.

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