What is the test for failing to object to the sentencing choices of the trial judge?

California, United States of America


The following excerpt is from People v. Flores, D068359 (Cal. App. 2016):

The People have briefly commented on the failure to object to the trial judge's sentencing choices. Ordinarily one cannot raise an alleged error in the selection of a sentence on appeal without first making a timely objection in the trial court. (People v. Scott (1994) 9 Cal.4th 331, 348-353.) However, forfeiture was not listed by the People as a basis for affirming the sentence and was only briefly referenced. We find it unnecessary to address the forfeiture issue further and will proceed to address the merits of the appeal.

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