P.

DISCUSSION

A. Forfeiture

The People do not address Frausto's claim that a probationer may challenge a

probation condition for the first time on appeal. "Ordinarily, a criminal defendant who

does not challenge an assertedly erroneous ruling of the trial court in that court has

forfeited his or her right to raise the claim on appeal." (In re Sheena K. (2007) 40 Cal.4th

875, 880 (Sheena K.).) Generally, the forfeiture rule also applies in the context of

sentencing; where a trial court fails to make or articulate a discretionary sentencing

choice, the defendant must object to preserve the issue on appeal. (Id. at p. 881; People

v. Scott (1994) 9 Cal.4th 331, 351-354; People v. Tillman (2000) 22 Cal.4th 300, 302-

303.)

However, although claims involving a discretionary sentencing choice or

unreasonable probation condition require analysis of facts and circumstances specific to

3 the individual case, constitutional challenges to probation conditions require only "the

review of abstract and generalized legal concepts--a task that is well suited to the role of

an appellate court. Consideration and possible modification of a challenged condition of

probation,…