California, United States of America
The following excerpt is from People v. Capistrano, 176 Cal.Rptr.3d 27, 331 P.3d 201, 59 Cal.4th 830 (Cal. 2014):
11. The Attorney General contends defendant forfeited any objection to these instructions because he failed to object to them in the trial court. Where, however, defendant asserts that an instruction is incorrect in law an objection is not required. (People v. Smithey (1999) 20 Cal.4th 936, 976977, fn. 7, 86 Cal.Rptr.2d 243, 978 P.2d 1171; 1259 [The appellate court may ... review any instruction given, ... even though no objection was made thereto in the lower court, if the substantial rights of the defendant were affected thereby.].) We apply this principle to all such instructional claims except to those where we explicitly conclude that defendant's failure to seek modification or clarification of an otherwise correct instruction resulted in forfeiture.
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