What is the test for review of an instruction in the Superior Court of Appeal where the instruction in error was found to be in error?
California, United States of America
The following excerpt is from People v. Herrera, B241847 (Cal. App. 2013):
4. Although the appellants failed to preserve this issue by objecting to or seeking modification of the instruction in the trial court, we review the argument on the merits because error to which no objection was interposed may nevertheless warrant review, "if the substantial rights of the defendant were affected thereby." ( 1259; People v. Guerra (2006) 37 Cal.4th 1067, 1138.)
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