Can a defendant argue the trial court erred by not defining "sexual abuse"?

California, United States of America


The following excerpt is from People v. Grazioli, C073807 (Cal. App. 2017):

Defendant also argues the trial court erred by not defining " 'sexual abuse.' " Defendant cannot raise that claim on appeal because he asked the trial court to strike the definition of sexual abuse from the CALCRIM No. 1101 instruction given. "When a defense attorney makes a 'conscious, deliberate tactical choice' to forego a particular instruction, the invited error doctrine bars an argument on appeal that the instruction was omitted in error." (People v. Wader (1993) 5 Cal.4th 610, 657-658.)

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