People v. Talibdeen

Opinion

BROWN, J.

In People v. Tillman (2000) 22 Cal.4th 300, 303 [92 Cal.Rptr.2d 741, 992 P.2d 1109] (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 [102 Cal.Rptr.2d 731, 14 P.3d 942] (Smith).) In Smith, we recognized a narrow exception to…