Does the Attorney General have the authority to challenge a jury instruction that was wrong in law and responsive to the evidence?

^3. We reject the Attorney General's argument that the issue is not preserved for our review. " 'Generally, a party forfeits any challenge to a jury instruction that was correct in law and responsive to the evidence if the party fails to object in the trial court.' [Citation.] Defendant's claim, however, is that the instruction is not correct in law, and that it violated his federal constitutional rights because it omitted [a] required element[ ] from the statute. This type of claim need not be preserved by objection before an appellate court can address the issue. [Citation.] We therefore consider defendant's instructional error challenge." (People v. McPheeters (2013) 218 Cal.App.4th 124, 132.)