California, United States of America
The following excerpt is from People v. Rivera, F075057 (Cal. App. 2019):
10. Defendant did not object to the instructions he now challenges on appeal. Generally, the failure to object in the trial court forfeits the claim on appeal, but there is an exception "if the substantial rights of the defendant were affected thereby." ( 1259; accord, People v. Johnson (2016) 62 Cal.4th 600, 638-639.) Defendant claims that the errors resulted in the violation of his constitutional rights and, therefore, we elect to reach the claims on their merits without deciding whether the forfeiture doctrine applies. (People v. Johnson, supra, at p. 639.)
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