(DOWNLOAD) "People V. Talibdeen" by California Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: People V. Talibdeen
- Author : California Supreme Court
- Release Date : January 23, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In People v. Tillman (2000) 22 Cal.4th 300, 303 (Tillman), we held that appellate courts may not correct a "discretionary sentencing choice" if the People failed to object at sentencing. Because such an error is "not correctable without considering factual issues presented by the record or remanding for additional findings," the People have waived the issue and may not raise it for the first time on appeal. (People v. Smith (2001) 24 Cal.4th 849, 853 (Smith).) In Smith, we recognized a narrow exception to this waiver rule for "obvious legal errors at sentencing that are correctable without referring to factual findings in the record or remanding for further findings." (Id. at p. 852.) Today, we consider the application of Tillman and Smith in the state and county penalty context.
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