What is the test for requesting clarification of instructions on flight or the escape rule?

California, United States of America


The following excerpt is from People v. Bock, E070783 (Cal. App. 2020):

First, "the long-standing general rule is that the failure to request clarification of an instruction that is otherwise a correct statement of law forfeits an appellate claim of error based upon the instruction given." (People v. Rundle (2008) 43 Cal.4th 76, 151,

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disapproved on another ground by People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22.) Bock raised no objection to the instructions on flight or the escape rule in the trial court. He therefore forfeited the argument he now raises for the first time on appeal.

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