California, United States of America
The following excerpt is from People v. Daniels, F064237 (Cal. App. 2014):
11. Appellant's failure to object to this instruction during trial did not result in forfeiture of the issue because "'a defendant need not object to preserve a challenge to an instruction that incorrectly states the law and affects his or her substantial rights.' [Citation.]" (People v. Tuggles (2009) 179 Cal.App.4th 339, 364.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.