How does the doctrine of invited error apply to defense counsel requesting to omit paragraph 3 from the jury instruction?

by the doctrine of invited error, which "applies when a defendant, for tactical reasons, makes a request acceded to by the trial court and claims on appeal that the court erred in granting the request. [Citations.]" (People v. Russell (2010) 50 Cal.4th 1228, 1250.) In particular, when defense counsel makes an conscious and deliberate tactical choice to request or omit a particular instruction, defendant may not complain of error on appeal. (People v. Wader (1993) 5 Cal.4th 610, 657-658.) Here, defense counsel made clear the request was to eliminate all mention of the prior conviction in the presence of the jury, and told the court that the "specific reason for . . . stipulating" was to have paragraph 3 eliminated from the jury instruction.⁵

In sum, defendant's substantial evidence challenge fails due to her admission, and because defendant received a benefit at her own request, a benefit to which she was not entitled. (See art. I, 28(f); People v. Sapp, supra, 31 Cal.4th at pp. 260-261.)

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The judgment is affirmed.