California, United States of America
The following excerpt is from People v. Diaz, C087956 (Cal. App. 2020):
12. Defense counsel did not object to the instruction at trial but, as the People concede, we may review the merits of the claim to determine whether defendant's substantial rights were affected. ( 1259; People v. Felix (2008) 160 Cal.App.4th 849, 857.)
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