California, United States of America
The following excerpt is from People v. Tellez, G052871 (Cal. App. 2018):
Defendant argues the court misinstructed the jury because "possession of firearms by gang members" is not a crime listed in section 186.22, subdivision (e). The Attorney General asserts defendant forfeited the issue by failing to object to the instruction at trial. We agree. However, because the error complained of may have "affected the substantial rights of the defendant" we will consider it on the merits. ( 1259.) We also address the merits because he challenges the instruction on grounds of federal constitutional error. (People v. Johnson (2016) 62 Cal.4th 600, 638-639.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.