What is the consequence of the Court of Appeal finding that a defendant had a motive or had a plan to kill?

California, United States of America


The following excerpt is from People v. Wildman, 2d Crim. No. B254560 (Cal. App. 2015):

had a motive or had a plan to kill. He concedes that he did not object to the instruction, or request any clarification of it, at trial. As a consequence, appellate review of the issue has been forfeited, unless an error by the trial court affected appellant's substantial rights. (People v. Smithey (1999) 20 Cal.4th 936, 976, fn. 7.) Generally, 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.' " (People v. Hart (1999) 20 Cal.4th 564, 622.)

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