California, United States of America
The following excerpt is from People v. Cortez, H041481 (Cal. App. 2015):
We first address the issue of forfeiture. This court has held: "A court of appeal may . . . review the constitutionality of a probation condition, even when it has not been challenged in the trial court, if the question can be resolved as a matter of law without reference to the sentencing record." (People v. Barajas (2011) 198 Cal.App.4th 748, 753; In re E.O. (2010) 188 Cal.App.4th 1149, 1153, fn. 1.) Here, defendant's claim is not forfeited because it can be resolved as a matter of law without reference to the sentencing record. We therefore turn to the merits of defendant's claim.
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