What is the effect of a defendant's failure to object to the instructions of the jury in their closing argument?

California, United States of America


The following excerpt is from People v. Franklin, D073277 (Cal. App. 2018):

As an initial matter, the People point out that defense counsel did not object to the conspiracy instructions provided to the jury. The court and the parties reviewed the proposed instructions off the record. After doing so, defense counsel raised no objection on the record regarding the inclusion of moving the car as a possible overt act done in furtherance of a conspiracy. Defense counsel also did not object when the prosecutor alluded to the moving of the car in his closing argument. A "[d]efendant's failure to object to the instruction below, or the prosecutor's argument, forfeits the claim on appeal." (People v. Virgil (2011) 51 Cal.4th 1210, 1260.)

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