Does the Attorney General's assertion defendant forfeited his claim by failing to object to the instruction at trial?
California, United States of America
The following excerpt is from People v. Sehmbey, F069142, F069567 (Cal. App. 2016):
24. We reject the Attorney General's assertion defendant forfeited his claim by failing to object to the instruction at trial. Defendant is claiming the instruction was erroneous, not merely that the trial court should have clarified or amplified portions. Thus, his claim is reviewable under section 1259. (People v. Sattiewhite (2014) 59 Cal.4th 446, 475.)
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