California, United States of America
The following excerpt is from People v. Yung Tsai Lai, H037218 (Cal. App. 2013):
Respondent points out that defendant failed to object or request the instruction be modified, and respondent argues that defendant thereby forfeited this claim. (See People v. Hudson (2006) 38 Cal.4th 1002, 1011-1012 [" 'Generally, a party may not complain on appeal that an instruction correct in law and responsive to the evidence was too general or incomplete unless the party has requested appropriate clarifying or amplifying language.' "]; People v. Daya (1994) 29 Cal.App.4th 697, 714 [a defendant "is not entitled to remain mute at trial and scream foul on appeal for the court's failure to expand, modify, and refine standardized jury instructions"].) Respondent acknowledges, however, that we may review a claim of instructional error that affects the defendant's "substantial rights," with or without a trial objection. ( 1259.)
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