defendant waived claim (California) · Go Syfert
← California issues

defendant waived claim in California

16 California opinions name it 3 courts 1896–2026 5 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
People v. Sperlinggreen
calctapp5d · 2017 · cited in 3 California opinions naming this issue, 2024–2026
2 sentences

2026As a general rule, “all ‘claims involving the trial court's failure to properly make or articulate its discretionary sentencing choices’ raised for the first time on appeal are not subject to review.” (People v. Smith (2001) 24 Cal.4th 849, 852 ; see also People v. Sperling (2017) 12 Cal.App.5th 1094, 1100-1101 [the defendant waived claim court failed to consider several mitigating factors by failing to object at sentencing hearing].) Even if not forfeited, we disagree Sardi is entitled to relief.

2026As a general rule, “all ‘claims involving the trial court’s failure to properly make or articulate its discretionary sentencing choices’ raised for the first time on appeal are not subject to review.” (People v. Smith (2001) 24 Cal.4th 849, 852 ; see People v. Sperling (2017) 12 Cal.App.5th 1094 , 1100–1101 [the defendant waived claim that the court failed to consider several mitigating factors by failing to object at the sentencing hearing].) Thus, arguments that sentencing choices were based on factors that are “inapplicable, duplicative, and improperly weighed” are forfeited by failing to o

33
People v. Acostagreen
calctapp5d · 2018 · cited in 2 California opinions naming this issue, 2022–2022
2 sentences

2022(See People v. Scott (1994) 9 Cal.4th 331, 351-354 [to preserve a sentencing issue for appellate review, it must be raised in the trial court]; see also People v. Nelson (2011) 51 Cal.4th 198, 227 [defendant forfeited claim that trial court erred in failing to consider ability to pay restitution fine by failing to object at sentencing]; People v. Acosta (2018) 28 Cal.App.5th 701, 705 [by failing to object to § 290.3 sex offender fines at sentencing or to assert he lacked the ability to pay them, the defendant waived claim that trial court improperly imposed them].) A defendant has the burden b

2022(McMahan, at p. 749; see also People v. Acosta (2018) 28 Cal.App.5th 701, 705 [by failing to object to § 290.3 sex offender fines at sentencing or to assert he lacked the ability to pay them, the defendant waived claim that trial court improperly imposed them].) A defendant has the burden both to raise inability to pay fines and fees, and to “present evidence of his or her inability to pay the amounts contemplated by the trial court.” (People v. Castellano (2019) 33 Cal.App.5th 485, 490 .) Thus, by failing to either object to the imposition of the restitution and habitual sex offender fines or

22
Heiner v. Kmart Corp.green
calctapp · 2000 · cited in 4 California opinions naming this issue, 2018–2018
2 sentences

2018In Heiner , after ruling the defendant waived its claim for apportionment of damages, the court nonetheless commented that, "[i]n any event, it is reasonably clear that apportionment of fault for injuries inflicted in the course of an intentional tort-such as the battery in this case-would have been improper." ( Heiner, supra, 84 Cal.App.4th at pp. 348-349, 100 Cal.Rptr.2d 854 .) However, the verdict form in Heiner did not distinguish between economic and noneconomic damages, and the court did not consider the applicability of section 1431.2. ( Heiner, at p. 343, 100 Cal.Rptr.2d 854 .) Moreove

2018In Heiner , after ruling the defendant waived its claim for apportionment of damages, the court nonetheless commented that, "[i]n any event, it is reasonably clear that apportionment of fault for injuries inflicted in the course of an intentional tort-such as the battery in this case-would have been improper." ( Heiner, supra, 84 Cal.App.4th at pp. 348-349, 100 Cal.Rptr.2d 854 .) However, the verdict form in Heiner did not distinguish between economic and noneconomic damages, and the court did not consider the applicability of section 1431.2. ( Heiner, at p. 343, 100 Cal.Rptr.2d 854 .) Moreove

14
People v. Scottgreen
cal · 1994 · cited in 2 California opinions naming this issue, 2022–2026
2 sentences

2026(People v. Scott (1994) 9 Cal.4th 331, 355 .) Because Defendant failed to raise the mitigating factor relating to his alleged childhood sexual abuse in the trial court level, he forfeited any argument pertaining to that factor.

2022(See People v. Scott (1994) 9 Cal.4th 331, 351-354 [to preserve a sentencing issue for appellate review, it must be raised in the trial court]; see also People v. Nelson (2011) 51 Cal.4th 198, 227 [defendant forfeited claim that trial court erred in failing to consider ability to pay restitution fine by failing to object at sentencing]; People v. Acosta (2018) 28 Cal.App.5th 701, 705 [by failing to object to § 290.3 sex offender fines at sentencing or to assert he lacked the ability to pay them, the defendant waived claim that trial court improperly imposed them].) A defendant has the burden b

12
People v. Castellanogreen
calctapp5d · 2019 · cited in 2 California opinions naming this issue, 2022–2022
2 sentences

2022(See People v. Scott (1994) 9 Cal.4th 331, 351-354 [to preserve a sentencing issue for appellate review, it must be raised in the trial court]; see also People v. Nelson (2011) 51 Cal.4th 198, 227 [defendant forfeited claim that trial court erred in failing to consider ability to pay restitution fine by failing to object at sentencing]; People v. Acosta (2018) 28 Cal.App.5th 701, 705 [by failing to object to § 290.3 sex offender fines at sentencing or to assert he lacked the ability to pay them, the defendant waived claim that trial court improperly imposed them].) A defendant has the burden b

2022(McMahan, at p. 749; see also People v. Acosta (2018) 28 Cal.App.5th 701, 705 [by failing to object to § 290.3 sex offender fines at sentencing or to assert he lacked the ability to pay them, the defendant waived claim that trial court improperly imposed them].) A defendant has the burden both to raise inability to pay fines and fees, and to “present evidence of his or her inability to pay the amounts contemplated by the trial court.” (People v. Castellano (2019) 33 Cal.App.5th 485, 490 .) Thus, by failing to either object to the imposition of the restitution and habitual sex offender fines or

12
People v. Nelsongreen
cal · 2011 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(See People v. Scott (1994) 9 Cal.4th 331, 351-354 [to preserve a sentencing issue for appellate review, it must be raised in the trial court]; see also People v. Nelson (2011) 51 Cal.4th 198, 227 [defendant forfeited claim that trial court erred in failing to consider ability to pay restitution fine by failing to object at sentencing]; People v. Acosta (2018) 28 Cal.App.5th 701, 705 [by failing to object to § 290.3 sex offender fines at sentencing or to assert he lacked the ability to pay them, the defendant waived claim that trial court improperly imposed them].) A defendant has the burden b

11
People v. Trujillogreen
cal · 2015 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(See McMahan, at p. 749; People v. Trujillo (2015) 60 Cal.4th 850, 858 [the defendant forfeited challenge to fees under § 1203.1b by failing to object below and not asserting an inability to pay]; People v. Aguilar (2015) 60 Cal.4th 862, 864 [the defendant forfeited appellate challenge regarding probation-related costs & fees paid to appointed counsel under §§ 1203.1b, 987.8].) Although defendant did not have a statutory right to object to the court operations and criminal conviction assessments, the parties and the trial court had ample notice of the Dueñas decision, which was decided more th

11
People v. Aguilargreen
cal · 2015 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(See McMahan, at p. 749; People v. Trujillo (2015) 60 Cal.4th 850, 858 [the defendant forfeited challenge to fees under § 1203.1b by failing to object below and not asserting an inability to pay]; People v. Aguilar (2015) 60 Cal.4th 862, 864 [the defendant forfeited appellate challenge regarding probation-related costs & fees paid to appointed counsel under §§ 1203.1b, 987.8].) Although defendant did not have a statutory right to object to the court operations and criminal conviction assessments, the parties and the trial court had ample notice of the Dueñas decision, which was decided more th

11
People v. Ayalagreen
cal · 2000 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014It is well established that the denial of a motion to exclude impeachment evidence is not reviewable on appeal if the defendant subsequently declines to testify. [Citations.]” (People v. Ledesma (2006) 39 Cal.4th 641, 731 (Ledesma), citing Luce v. United States (1984) 469 U.S. 38 (Luce) [denial of in limine motion to preclude impeachment of the defendant with a prior conviction is not reviewable on appeal if the defendant did not testify] and People v. Collins (1986) 42 Cal.3d 378, 383-388 [prospectively applying Luce]; see also People v. Ayala (2000) 23 Cal.4th 225, 274 (Ayala) [the defendant

11
People v. Ledesmagreen
cal · 2006 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014It is well established that the denial of a motion to exclude impeachment evidence is not reviewable on appeal if the defendant subsequently declines to testify. [Citations.]” (People v. Ledesma (2006) 39 Cal.4th 641, 731 (Ledesma), citing Luce v. United States (1984) 469 U.S. 38 (Luce) [denial of in limine motion to preclude impeachment of the defendant with a prior conviction is not reviewable on appeal if the defendant did not testify] and People v. Collins (1986) 42 Cal.3d 378, 383-388 [prospectively applying Luce]; see also People v. Ayala (2000) 23 Cal.4th 225, 274 (Ayala) [the defendant

11
People v. Collinsgreen
cal · 1986 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014It is well established that the denial of a motion to exclude impeachment evidence is not reviewable on appeal if the defendant subsequently declines to testify. [Citations.]” (People v. Ledesma (2006) 39 Cal.4th 641, 731 (Ledesma), citing Luce v. United States (1984) 469 U.S. 38 (Luce) [denial of in limine motion to preclude impeachment of the defendant with a prior conviction is not reviewable on appeal if the defendant did not testify] and People v. Collins (1986) 42 Cal.3d 378, 383-388 [prospectively applying Luce]; see also People v. Ayala (2000) 23 Cal.4th 225, 274 (Ayala) [the defendant

11
People v. Clarkgreen
cal · 1993 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006(People v. Clark (1993) 5 Cal.4th 950, 1005 [ 22 Cal.Rptr.2d 689 , 857 P.2d 1099 ] [because the defendant waived attorney-client privilege by calling psychiatrist to testify during a suppression hearing, the defendant’s statements to psychiatrist could be used to impeach other experts who testified at trial]; People v. Haskett (1990) 52 Cal.3d 210, 243 [ 276 Cal.Rptr. 80 , 801 P.2d 323 ] [because the defendant waived privilege by calling psychiatrist to testify at first penalty trial, psychiatrist could testify regarding the defendant’s admissions at penalty retrial].) Strictly speaking, howev

2006(People v. Clark (1993) 5 Cal.4th 950, 1005 [ 22 Cal.Rptr.2d 689 , 857 P.2d 1099 ] [because the defendant waived attorney-client privilege by calling psychiatrist to testify during a suppression hearing, the defendant’s statements to psychiatrist could be used to impeach other experts who testified at trial]; People v. Haskett (1990) 52 Cal.3d 210, 243 [ 276 Cal.Rptr. 80 , 801 P.2d 323 ] [because the defendant waived privilege by calling psychiatrist to testify at first penalty trial, psychiatrist could testify regarding the defendant’s admissions at penalty retrial].) Strictly speaking, howev

11
People v. Haskettgreen
cal · 1990 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006(People v. Clark (1993) 5 Cal.4th 950, 1005 [ 22 Cal.Rptr.2d 689 , 857 P.2d 1099 ] [because the defendant waived attorney-client privilege by calling psychiatrist to testify during a suppression hearing, the defendant’s statements to psychiatrist could be used to impeach other experts who testified at trial]; People v. Haskett (1990) 52 Cal.3d 210, 243 [ 276 Cal.Rptr. 80 , 801 P.2d 323 ] [because the defendant waived privilege by calling psychiatrist to testify at first penalty trial, psychiatrist could testify regarding the defendant’s admissions at penalty retrial].) Strictly speaking, howev

2006(People v. Clark (1993) 5 Cal.4th 950, 1005 [ 22 Cal.Rptr.2d 689 , 857 P.2d 1099 ] [because the defendant waived attorney-client privilege by calling psychiatrist to testify during a suppression hearing, the defendant’s statements to psychiatrist could be used to impeach other experts who testified at trial]; People v. Haskett (1990) 52 Cal.3d 210, 243 [ 276 Cal.Rptr. 80 , 801 P.2d 323 ] [because the defendant waived privilege by calling psychiatrist to testify at first penalty trial, psychiatrist could testify regarding the defendant’s admissions at penalty retrial].) Strictly speaking, howev

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (19)

CaseCitedYears
DaFonte v. Up-Right, Inc. green
cal · 1992
2 sentences

2018As DaFonte teaches, “section 1431.2 itself contains no ambiguity which would permit resort to . . . extrinsic constructional aids.” (DaFonte, supra, 2 Cal.4th at p. 602 , italics added.) Yet, in spite of the statute’s plain declaration that “[e]ach defendant” shall be liable “only” for those “non-economic” damages directly attributable to his or her own “percentage of fault” (§ 1431.2, subd. (a), italics added; DaFonte, at p. 601), Thomas invokes extrinsic “principles governing an intentional tortfeasor’s liability” to read a limitation into section 1431.2 that is not present in the statutory

2018As DaFonte teaches, “section 1431.2 itself contains no ambiguity which would permit resort to . . . extrinsic constructional aids.” (DaFonte, supra, 2 Cal.4th at p. 602 , italics added.) Yet, in spite of the statute’s plain declaration that “[e]ach defendant” shall be liable “only” for those “non-economic” damages directly attributable to his or her own “percentage of fault” (§ 1431.2, subd. (a), italics added; DaFonte, at p. 601), Thomas invokes extrinsic “principles governing an intentional tortfeasor’s liability” to read a limitation into section 1431.2 that is not present in the statutory

32018–2018
People v. Smith green
cal · 2001
2 sentences

2026As a general rule, “all ‘claims involving the trial court's failure to properly make or articulate its discretionary sentencing choices’ raised for the first time on appeal are not subject to review.” (People v. Smith (2001) 24 Cal.4th 849, 852 ; see also People v. Sperling (2017) 12 Cal.App.5th 1094, 1100-1101 [the defendant waived claim court failed to consider several mitigating factors by failing to object at sentencing hearing].) Even if not forfeited, we disagree Sardi is entitled to relief.

2026As a general rule, “all ‘claims involving the trial court’s failure to properly make or articulate its discretionary sentencing choices’ raised for the first time on appeal are not subject to review.” (People v. Smith (2001) 24 Cal.4th 849, 852 ; see People v. Sperling (2017) 12 Cal.App.5th 1094 , 1100–1101 [the defendant waived claim that the court failed to consider several mitigating factors by failing to object at the sentencing hearing].) Thus, arguments that sentencing choices were based on factors that are “inapplicable, duplicative, and improperly weighed” are forfeited by failing to o

22026–2026
Nga Li v. Yellow Cab Co. green
cal · 1975
2 sentences

2018(See Heiner, at p. 349, 100 Cal.Rptr.2d 854 , citing Li v. Yellow Cab Company of California (1975) 13 Cal.3d 804 , 119 Cal.Rptr. 858 , 532 P.2d 1226 ; American Motorcycle Ass'n v. Superior Court (1978) 20 Cal.3d 578 , 146 Cal.Rptr. 182 , 578 P.2d 899 ; Allen v. Sundean (1982) 137 Cal.App.3d 216 , 186 Cal.Rptr. 863 ; Godfrey v. Steinpress (1982) 128 Cal.App.3d 154 , 180 Cal.Rptr. 95 .) The Heiner court's dictum is not persuasive on a point that neither it, nor the authorities it relied upon, addressed.

2018(See Heiner, at p. 349, 100 Cal.Rptr.2d 854 , citing Li v. Yellow Cab Company of California (1975) 13 Cal.3d 804 , 119 Cal.Rptr. 858 , 532 P.2d 1226 ; American Motorcycle Ass'n v. Superior Court (1978) 20 Cal.3d 578 , 146 Cal.Rptr. 182 , 578 P.2d 899 ; Allen v. Sundean (1982) 137 Cal.App.3d 216 , 186 Cal.Rptr. 863 ; Godfrey v. Steinpress (1982) 128 Cal.App.3d 154 , 180 Cal.Rptr. 95 .) The Heiner court's dictum is not persuasive on a point that neither it, nor the authorities it relied upon, addressed.

12018–2018
Allen v. Sundean green
calctapp · 1982
2 sentences

2018(See Heiner, at p. 349, 100 Cal.Rptr.2d 854 , citing Li v. Yellow Cab Company of California (1975) 13 Cal.3d 804 , 119 Cal.Rptr. 858 , 532 P.2d 1226 ; American Motorcycle Ass'n v. Superior Court (1978) 20 Cal.3d 578 , 146 Cal.Rptr. 182 , 578 P.2d 899 ; Allen v. Sundean (1982) 137 Cal.App.3d 216 , 186 Cal.Rptr. 863 ; Godfrey v. Steinpress (1982) 128 Cal.App.3d 154 , 180 Cal.Rptr. 95 .) The Heiner court's dictum is not persuasive on a point that neither it, nor the authorities it relied upon, addressed.

2018(See Heiner, at p. 349, 100 Cal.Rptr.2d 854 , citing Li v. Yellow Cab Company of California (1975) 13 Cal.3d 804 , 119 Cal.Rptr. 858 , 532 P.2d 1226 ; American Motorcycle Ass'n v. Superior Court (1978) 20 Cal.3d 578 , 146 Cal.Rptr. 182 , 578 P.2d 899 ; Allen v. Sundean (1982) 137 Cal.App.3d 216 , 186 Cal.Rptr. 863 ; Godfrey v. Steinpress (1982) 128 Cal.App.3d 154 , 180 Cal.Rptr. 95 .) The Heiner court's dictum is not persuasive on a point that neither it, nor the authorities it relied upon, addressed.

12018–2018
American Motorcycle Assn. v. Superior Court green
cal · 1978
2 sentences

2018(See Heiner, at p. 349, 100 Cal.Rptr.2d 854 , citing Li v. Yellow Cab Company of California (1975) 13 Cal.3d 804 , 119 Cal.Rptr. 858 , 532 P.2d 1226 ; American Motorcycle Ass'n v. Superior Court (1978) 20 Cal.3d 578 , 146 Cal.Rptr. 182 , 578 P.2d 899 ; Allen v. Sundean (1982) 137 Cal.App.3d 216 , 186 Cal.Rptr. 863 ; Godfrey v. Steinpress (1982) 128 Cal.App.3d 154 , 180 Cal.Rptr. 95 .) The Heiner court's dictum is not persuasive on a point that neither it, nor the authorities it relied upon, addressed.

2018(See Heiner, at p. 349, 100 Cal.Rptr.2d 854 , citing Li v. Yellow Cab Company of California (1975) 13 Cal.3d 804 , 119 Cal.Rptr. 858 , 532 P.2d 1226 ; American Motorcycle Ass'n v. Superior Court (1978) 20 Cal.3d 578 , 146 Cal.Rptr. 182 , 578 P.2d 899 ; Allen v. Sundean (1982) 137 Cal.App.3d 216 , 186 Cal.Rptr. 863 ; Godfrey v. Steinpress (1982) 128 Cal.App.3d 154 , 180 Cal.Rptr. 95 .) The Heiner court's dictum is not persuasive on a point that neither it, nor the authorities it relied upon, addressed.

12018–2018
Godfrey v. Steinpress green
calctapp · 1982
1 sentence

2018(See Heiner, at p. 349, 100 Cal.Rptr.2d 854 , citing Li v. Yellow Cab Company of California (1975) 13 Cal.3d 804 , 119 Cal.Rptr. 858 , 532 P.2d 1226 ; American Motorcycle Ass'n v. Superior Court (1978) 20 Cal.3d 578 , 146 Cal.Rptr. 182 , 578 P.2d 899 ; Allen v. Sundean (1982) 137 Cal.App.3d 216 , 186 Cal.Rptr. 863 ; Godfrey v. Steinpress (1982) 128 Cal.App.3d 154 , 180 Cal.Rptr. 95 .) The Heiner court's dictum is not persuasive on a point that neither it, nor the authorities it relied upon, addressed.

12018–2018
People v. Lord green
calctapp · 1994
2 sentences

2015In People v. Lord (1994) 30 Cal.App.4th 1718 [ 36 Cal.Rptr.2d 453 ], our colleagues in Division Five of this court held that the defendant waived the claim that he was denied a constitutional right to an evidentiary hearing on the necessity of a support person by failing to request a hearing or otherwise objecting to the presence of a support person.

2015In People v. Lord (1994) 30 Cal.App.4th 1718 [ 36 Cal.Rptr.2d 453 ], our colleagues in Division Five of this court held that the defendant waived the claim that he was denied a constitutional right to an evidentiary hearing on the necessity of a support person by failing to request a hearing or otherwise objecting to the presence of a support person.

12015–2015
Maryland v. Craig green
scotus · 1990
2 sentences

2015(Id. at p. 1722.) Lord stated that *1297 the showing required by Adams at such a necessity hearing is “debatable,” and in dicta, suggested that the showing required under section 868.5 is that the presence of the support person “ ‘is both desired by the prosecuting witness for support and will be helpful to the prosecuting witness’ [citation].” ( Lord, supra, 30 Cal.App.4th at pp. 1721-1722.) In determining that the lack of a necessity hearing was waived, Lord stated: “The absence of an objection deprived the trial court of the opportunity to correct any procedural error and make an evidence-b

2015(Id. at p. 1722.) Lord stated that *1297 the showing required by Adams at such a necessity hearing is “debatable,” and in dicta, suggested that the showing required under section 868.5 is that the presence of the support person “ ‘is both desired by the prosecuting witness for support and will be helpful to the prosecuting witness’ [citation].” ( Lord, supra, 30 Cal.App.4th at pp. 1721-1722.) In determining that the lack of a necessity hearing was waived, Lord stated: “The absence of an objection deprived the trial court of the opportunity to correct any procedural error and make an evidence-b

12015–2015
Luce v. United States green
scotus · 1984
1 sentence

2014It is well established that the denial of a motion to exclude impeachment evidence is not reviewable on appeal if the defendant subsequently declines to testify. [Citations.]” (People v. Ledesma (2006) 39 Cal.4th 641, 731 (Ledesma), citing Luce v. United States (1984) 469 U.S. 38 (Luce) [denial of in limine motion to preclude impeachment of the defendant with a prior conviction is not reviewable on appeal if the defendant did not testify] and People v. Collins (1986) 42 Cal.3d 378, 383-388 [prospectively applying Luce]; see also People v. Ayala (2000) 23 Cal.4th 225, 274 (Ayala) [the defendant

12014–2014
Pate v. Robinson green
scotus · 1966
2 sentences

2007In Pate v. Robinson (1966) 383 U.S. 375 [ 15 L.Ed.2d 815 , 86 S.Ct. 836 ], the state insisted the defendant waived the defense of his competence to stand trial by failing to demand a competency hearing.

2007In Pate v. Robinson (1966) 383 U.S. 375 [ 15 L.Ed.2d 815 , 86 S.Ct. 836 ], the state insisted the defendant waived the defense of his competence to stand trial by failing to demand a competency hearing.

12007–2007
People v. Lytle green
calctapp · 1992
2 sentences

2004There, the court concluded, the defendant waived his challenge to the court's failure to advise concerning the fine, but not his claim that its imposition violated his plea bargain. ( People v. Walker, supra, 54 Cal.3d at pp. 1029-1030 .) Restitution Fund Fine "In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record." (§ 1202.4, subd. (b).) For felony convictions, the fine ranges from a minimum of $200 to a maximum of $10

2004There, the court concluded, the defendant waived his challenge to the court's failure to advise concerning the fine, but not his claim that its imposition violated his plea bargain. ( People v. Walker, supra, 54 Cal.3d at pp. 1029-1030 .) Restitution Fund Fine "In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record." (§ 1202.4, subd. (b).) For felony convictions, the fine ranges from a minimum of $200 to a maximum of $10

12004–2004
People v. Gragg green
calctapp · 1989
2 sentences

2004There, the court concluded, the defendant waived his challenge to the court's failure to advise concerning the fine, but not his claim that its imposition violated his plea bargain. ( People v. Walker, supra, 54 Cal.3d at pp. 1029-1030 .) Restitution Fund Fine "In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record." (§ 1202.4, subd. (b).) For felony convictions, the fine ranges from a minimum of $200 to a maximum of $10

2004There, the court concluded, the defendant waived his challenge to the court's failure to advise concerning the fine, but not his claim that its imposition violated his plea bargain. ( People v. Walker, supra, 54 Cal.3d at pp. 1029-1030 .) Restitution Fund Fine "In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record." (§ 1202.4, subd. (b).) For felony convictions, the fine ranges from a minimum of $200 to a maximum of $10

12004–2004
People v. Walker green
cal · 1991
2 sentences

2004There, the court concluded, the defendant waived his challenge to the court's failure to advise concerning the fine, but not his claim that its imposition violated his plea bargain. ( People v. Walker, supra, 54 Cal.3d at pp. 1029-1030 .) Restitution Fund Fine "In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record." (§ 1202.4, subd. (b).) For felony convictions, the fine ranges from a minimum of $200 to a maximum of $10

2004There, the court concluded, the defendant waived his challenge to the court's failure to advise concerning the fine, but not his claim that its imposition violated his plea bargain. ( People v. Walker, supra, 54 Cal.3d at pp. 1029-1030 .) Restitution Fund Fine "In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record." (§ 1202.4, subd. (b).) For felony convictions, the fine ranges from a minimum of $200 to a maximum of $10

12004–2004
Chamberlain v. Hibbard green
or · 1894
2 sentences

1927(Chamberlin v. Hibbard, 26 Or. 428 [ 38 Pac. 437 ]; Borg v. Utah Const. Co., 117 Or. 22 [ 242 Pac. 600 ] ; 2 Bancroft’s Code, Pleading, 1268, sec. 869.

1927(Chamberlin v. Hibbard, 26 Or. 428 [ 38 Pac. 437 ]; Borg v. Utah Const. Co., 117 Or. 22 [ 242 Pac. 600 ] ; 2 Bancroft’s Code, Pleading, 1268, sec. 869.

11927–1927
Borg v. Utah Construction Co. neutral
or · 1925
2 sentences

1927(Chamberlin v. Hibbard, 26 Or. 428 [ 38 Pac. 437 ]; Borg v. Utah Const. Co., 117 Or. 22 [ 242 Pac. 600 ] ; 2 Bancroft’s Code, Pleading, 1268, sec. 869.

1927(Chamberlin v. Hibbard, 26 Or. 428 [ 38 Pac. 437 ]; Borg v. Utah Const. Co., 117 Or. 22 [ 242 Pac. 600 ] ; 2 Bancroft’s Code, Pleading, 1268, sec. 869.

11927–1927
Perine v. Forbush green
cal · 1893
1 sentence

1896(Perine v. Forbush, 97 Cal. 305 ; McDonald v. Conniff, 99 Cal. 386 ; Dowling v. Conniff, 103 Cal. 75 ; Warren v. Riddell, 106 Cal. 352 .) 3.

11896–1896
McDonald v. Conniff green
cal · 1893
1 sentence

1896(Perine v. Forbush, 97 Cal. 305 ; McDonald v. Conniff, 99 Cal. 386 ; Dowling v. Conniff, 103 Cal. 75 ; Warren v. Riddell, 106 Cal. 352 .) 3.

11896–1896
Warren v. Riddell green
cal · 1895
11896–1896
Dowling v. Conniff green
cal · 1894
11896–1896

Statutes the citing opinions construe

CA § Cal. Civil Code § 1431.2 (4) CA § Cal. Evidence Code § 352 (4) CA § Cal. Civil Code § 51.2 (3) CA § Cal. Civil Code § 52.1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 88 (1917–2025) CT 62 (1971–2026) TX 30 (1961–2024) PA 26 (1980–2026) IL 24 (1908–2023) CA 16 (1896–2026) MA 16 (1919–2026) FL 15 (1959–2018) MO 14 (1906–2019) IN 13 (1995–2025) WA 12 (1906–2024) IA 11 (1879–2022) TN 9 (2004–2026) LA 7 (1913–2021) AZ 7 (1965–2024) MI 7 (1983–2026) OK 6 (1927–2005) NC 6 (1876–2024) GA 5 (1998–2021) NE 5 (1990–2013) WI 4 (1989–2022) CO 4 (1927–2025) MN 3 (1980–2014) RI 3 (1981–1986) OH 3 (2006–2025) ME 2 (2016–2016) WV 2 (1945–1980) NM 2 (2004–2020) SD 2 (1985–2022) AL 2 (1972–1973) NJ 2 (1989–2002) MD 2 (2014–2015) VT 2 (1894–1940) MT 2 (1987–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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