Can the Attorney General argue that the instruction on the kill-zone theory of attempted murder can be appealed on appeal?
California, United States of America
The following excerpt is from People v. Mariscal, B262278 (Cal. App. 2016):
7. Defendant contends, and the Attorney General does not dispute, despite the lack of an objection to the instruction on the kill-zone theory of attempted murder liability, the issue can be raised on appeal because the instruction affected defendant's substantial rights. (See 1259; People v. Flood (1998) 18 Cal.4th 470, 482, fn. 7.)
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