Does the forfeiture rule apply when the trial court gives an instruction that is incorrect statement of the law?

California, United States of America

The following excerpt is from People v. Bica, H041776 (Cal. App. 2016):

Defendant is correct that the forfeiture rule does not apply when "the trial court gives an instruction that is an incorrect statement of the law," which is what her claim asserts. (See People v. Hudson (2006) 38 Cal.4th 1002, 1012.) Moreover, here the prosecutor strenuously objected to the instruction. The purpose of the forfeiture rule is " ' " 'to encourage a defendant to bring errors to the attention of the trial court, so that they may be corrected or avoided and a fair trial had. . . .' " ' " (People v. Simon (2001)

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