Does a defendant have to forfeit the right to make an appeal against a finding of error at the Court of Appeal?

The People argue that defendant forfeited this appellate claim, as well as his "struggle" claim of error because claims that legally correct instructions nonetheless required clarification must be raised first in the trial court. This argument is without merit because, as defendant points out, he claims that the court's instruction was incorrect in law and, therefore, the forfeiture rule cited by the People does not apply. (People v. Hudson (2006) 38 Cal.4th 1002, 1012.)