Does a defendant have a right to challenge his sentence if he fails to serve his probation?

California, United States of America

The following excerpt is from People v. Kelly, 154 Cal.Rptr.3d 898, 215 Cal.App.4th 297 (Cal. App. 2013):

We asked the parties for supplemental briefing on the related question of whether defendant forfeited any right to challenge his sentence because he did not do so within 60 days after imposition of sentence. When a court imposes sentence but suspends its execution at the time probation is granted, the defendant has the opportunity to challenge the sentence in an appeal from the order granting probation. ( People v. Amons (2005) 125 Cal.App.4th 855, 868869, 22 Cal.Rptr.3d 908.) If the defendant allows the time for appeal to lapse during the probationary period, the sentence becomes final and is not appealable. ( Id. at p. 869, 22 Cal.Rptr.3d 908.) This is so regardless of the fact the defendant will not serve the sentence unless the court revokes and terminates probation before the probationary period expires. ( People v. Ramirez (2008) 159 Cal.App.4th 1412, 1421, 72 Cal.Rptr.3d 340.)

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