People v. De Soto

A defendant cannot for the first time on appeal challenge the manner in which the sentencing judge exercises discretion in making sentencing choices or articulates his or her supporting reasons. (People v. Scott (1994) 9 Cal.4th 331 [ 36 Cal.Rptr.2d 627 , 885 P.2d 1040 ] (Scott).) In this case we consider whether defense counsel’s “boilerplate” objections to the sentence pronounced by the court are sufficient to avoid the claim of waiver of error on appeal. We conclude that defendant’s objections regarding claimed sentencing mistakes must be sufficiently specific and meaningful to allow the trial court to correct the errors. We further hold that the sentencing judge has no obligation, when faced with an omnibus objection, to inquire further in an effort to ferret out the basis for the objection as it may exist in the mind of defense counsel. The sentence and judgment are affirmed.

On December 22, 1994, Douglas de Soto entered a plea of guilty to possession of a firearm by a previously convicted felon in violation of Penal Code section 12021, subdivision (a)(1). After a jury trial he was found guilty of residential burglary in violation of sections 459 and 460,…