California, United States of America
The following excerpt is from People v. Frandsen, 245 Cal.Rptr.3d 658, 33 Cal.App.5th 1126 (Cal. App. 2019):
Frandsen next contends the jury was improperly instructed on second degree felony murder premised on kidnapping for extortion because the instruction misstated the law. We find his argument meritless. As an initial matter, Frandsen has forfeited this claim, having failed to object or seek a clarifying instruction on this issue at trial. ( People v. Guerra (2006) 37 Cal.4th 1067, 1138, 40 Cal.Rptr.3d 118, 129 P.3d 321, overruled on a different ground in People v. Rundle (2008) 43 Cal.4th 76, 151, 74 Cal.Rptr.3d 454, 180 P.3d 224.) In any event, the trial court did not misstate the law in its instruction to the jury.
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