Can a defendant waive the argument the jury was erroneously instructed that it was a controlled substance?
California, United States of America
The following excerpt is from People v. Bowen, E062263 (Cal. App. 2015):
The People first contend that defendant waived the argument the jury was erroneously instructed because his counsel essentially conceded that it was a controlled substance. However, "it is well settled that no objection is required to preserve a claim for appellate review that the jury instructions omitted an essential element of the charge." (People v. Mil (2102) 53 Cal.4th 400, 409.)
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