Can a defendant who objected to an instruction and verdict form referencing a lying-in-wait theory of first degree murder continue to oppose the instruction and the verdict forms?

When, during a conference with the trial court, it became clear that the court intended both to instruct on and submit hybrid general verdict forms referencing a lying-in-wait theory of first degree murder, defendant objected to the instruction and the verdict forms. At that time, he also "could have moved to reopen the taking of evidence so as to present a defense" against the theory. {People v. Memro (1995) 11 Cal.4th 786, 869, 47 Cal.Rptr.2d 219, 905 P.2d 1305 [relating to a felony-murder theory].) By failing to do so, he failed to preserve the issue for appeal. (Ibid.)