California, United States of America
The following excerpt is from People v. Belcher, G054415 (Cal. App. 2019):
error unless the claimed error affected the substantial rights of the defendant, i.e., resulted in a miscarriage of justice, making it reasonably probable the defendant would have obtained a more favorable result in the absence of error." (People v. Andersen (1994) 26 Cal.App.4th 1241, 1249.) "Ascertaining whether claimed instructional error affected the substantial rights of the defendant necessarily requires an examination of the merits of the claim. . . ." (Ibid.) Accordingly, we review defendant's instructional error claim but because we conclude the instructions did not affect defendant's substantial rights, this claim lacks merit and was forfeited.
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