Does a defendant have any grounds to argue that the trial court erred in failing to give the cautionary instruction at the end of trial?

California, United States of America

The following excerpt is from The PEOPLE v. RODRIGUEZ, C061207, No.06F07081 (Cal. App. 2010):

Defendant contends the trial court erred in failing to give the cautionary instruction at the beginning of trial rather than at the end. However, while defendant certainly raised the issue, he failed to press the matter and secure a ruling. Where a defendant does not secure a ruling on a point, it is not preserved for appeal. (People v. Rowland (1992) 4 Cal.4th 238, 259.) Furthermore, defendant failed to alert the court before any evidence was presented that it failed to give the requested instruction.

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