Does a party have to complain to the Court on appeal that an instruction in a criminal case instructing a jury to convict a defendant of possessing all six firearms was "too general or incomplete"?

California, United States of America


The following excerpt is from People v. Buckner, E073208 (Cal. App. 2020):

" '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. Guiuan (1998) 18 Cal.4th 558, 570.) However, defendant is not arguing that the instruction was either too general or incomplete; he is asserting the instruction is legally incorrect. Specifically, defendant is contending the trial court erred by instructing the jury that if it found defendant possessed one firearm then it could find defendant guilty of possessing all six firearms. Because defendant is asserting the instruction misstated the law and

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