Can a defense counsel argue that an instruction was in error when they requested CALCRIM No. 359?

The record shows that defense counsel requested CALCRIM No. 359. When defense counsel requests a particular instruction, the invited error doctrine bars argument on appeal that the instruction was given in error. (People v. Wader (1993) 5 Cal.4th 610, 658.)

Even if the argument were not barred, we would find no error. When a defendant's out-of-court statements form part of the prosecution's evidence, the trial court has a sua sponte duty to instruct the jury that a finding of guilt cannot be predicated on the statements alone. (People v. Alvarez (2002) 27 Cal.4th 1161, 1170.) Consequently, the trial court was required to instruct the jury that it could only rely on appellant's out-of-court statements to convict him if it concluded that other evidence showed that the charged crime was committed.