Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court?

As a general rule courts will not consider alleged errors that could have been cured in the trial court had they been presented there. (People v. Saunders (1993) 5 Cal.4th 580, 589-590.) In some instances, an appellant may seek review of an instruction "even though no objection was made thereto in the lower court" if the "substantial rights of the defendant were affected thereby." (Pen. Code, 1259.) But this exception to the usual rule of forfeiture only applies to an instruction "given, refused or modified." (Ibid.)