Does appellant have a right to an objection on the basis that the jury failed to instruct the jury sua sponte?
California, United States of America
The following excerpt is from People v. Vivo, B259912 (Cal. App. 2016):
3. The People argue that appellant forfeited this objection on appeal by failing to object below. Because appellant's theory is that the trial court had the duty to instruct the jury sua sponte, his argument is not forfeited on appeal. (People v. McCurdy (2014) 59 Cal.4th 1063, 1075, fn. 3.)
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