Is the issue of street gang murder not forfeited?

^5. Although defense counsel did not object to the street gang murder instruction, the issue is not forfeited because the forfeiture rule "does not apply when, as here, the trial court gives an instruction that is an incorrect statement of the law." (See People v. Hudson (2006) 38 Cal.4th 1002, 1012 [noting a " 'party may not complain on appeal that an instruction correct in law and responsive to the evidence was too general or incomplete unless the party has requested appropriate clarifying or amplifying language,' " but further noting that rule is inapplicable when a "trial court gives an instruction that is an incorrect statement of the law"].)