Is there any evidence that any party asked the trial court to include the phrase "other than an accomplice" in its jury instruction?

California, United States of America

The following excerpt is from People v. Brown, B287726 (Cal. App. 2019):

^10. The record does not reflect that any party asked the trial court to include the phrase "other than an accomplice" in its jury instruction, or challenged its omission from the instruction after the verdicts were returned. However, appellants' failure to raise their challenge to the instruction below does not constitute forfeiture of the claim on appeal. (See People v. Franco (2009) 180 Cal.App.4th 713, 719 ["The rule of forfeiture does not apply . . . if the instruction was an incorrect statement of the law [citation], or if the instructional error affected the defendant's substantial rights"].)

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