Does a defendant's failure to object to an instruction that omitted reference to incidental and minimal use forfeits his contention on appeal?

California, United States of America

The following excerpt is from People v. Graves, C075358 (Cal. App. 2015):

The People claim that defendant's failure to object to the instruction on the basis that it omitted reference to incidental and minimal use forfeits his contention on appeal. A defendant's failure to object to instructional error forfeits the contention on appeal unless the defendant's substantial rights are affected. ( 1259; People v. Flood (1998) 18 Cal.4th 470, 482, fn. 7.) Nevertheless, we reach the issue because defendant raises ineffective assistance of counsel.

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