People v. Howard CA4/1

DISCUSSION

I

Waiver or Forfeiture of Sentencing Error

Howard contends the trial court erred by not stating its reasons, or not adequately

stating its reasons, for denying probation, imposing the middle term for his first robbery

offense, and imposing a consecutive term for his second robbery offense. However, as

we explain below, he has waived or forfeited that contention on appeal because he did not

object on those grounds at the time of his sentencing.

3 A

At Howard's sentencing hearing, the trial court stated it had received, read, and

considered the probation report, the defense sentencing memorandum that included many

letters in support of Howard, and the prosecution's sentencing brief. The probation report

discussed factors relating to a grant or denial of probation and recommended the court

deny probation. It also discussed various circumstances in aggravation and the absence

of circumstances in mitigation, and recommended the court impose the middle term of

three years for the first robbery offense and a consecutive one-year term for the second

robbery offense. The court also heard testimony from two witnesses in support of

Howard and arguments…