Does a defendant's failure to request a clarification instruction forfeits that claim on appeal?

California, United States of America

The following excerpt is from People v. Young, 105 P.3d 487, 24 Cal.Rptr.3d 112, 34 Cal.4th 1149 (Cal. 2005):

As a preliminary matter, a defendant's failure to request a clarification instruction forfeits that claim on appeal. (People v. Marks (2003) 31 Cal.4th 197, 237, 2 Cal.Rptr.3d 252, 72 P.3d 1222.) Here, however, portions of the record regarding the parties' discussion of the jury instructions before the trial court are missing. Thus, because it cannot be ascertained whether defense counsel specifically requested clarification, we shall give defendant the benefit of the doubt and find the issue preserved for appeal. Nonetheless, defendant's claim is without merit.

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