Senior

In this case we hold that when a criminal defendant could have raised an issue in a previous appeal but did not do so, the defendant may be deemed to have waived the right to raise the issue in a subsequent appeal, absent a showing of good cause or justification for the delay. Since we perceive no reasonable basis for the failure to raise a sentencing issue advanced for the first time in defendant’s third appeal, we apply the waiver rule to defendant’s belated assertion of error.

Procedural Background

Defendant Erick Robertson Senior was convicted by jury of nine counts of forcible sex offenses and two kidnapping enhancements pursuant to Penal Code section 667.8, subdivision (a). Defendant was originally sentenced to an aggregate prison term of thirty-three years which consisted, inter alia, of five full consecutive mitigated terms of three years each on counts three through seven pursuant to the mandatory sentencing provisions of section 667.6, subdivision (d), and two full consecutive midterms of six years each on counts nine and ten pursuant to the discretionary provisions of section 667.6, subdivision (c).

In defendant’s first appeal in People v. Senior, supra, 3…