Does a defendant's failure to object when the instruction was given forfeit his challenge on appeal?
California, United States of America
The following excerpt is from People v. Thai Van Vo, G041241 (Cal. App. 1/21/2010), G041241. (Cal. App. 2010):
Contrary to the Attorney General's assertion, defendant's failure to object when the instruction was given did not forfeit his challenges on appeal because his claim that the instruction violated his due process of law "is not of the type that must be preserved by objection. [Citations.]" (People v. Smithey (1999) 20 Cal.4th 936, 976, fn. 7.) Nevertheless, his contentions lack merit.
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