Does a defendant's failure to request a modification of the CALCRIM No. 400 instructions forfeited any claim of error?
California, United States of America
The following excerpt is from People v. Fields, C068047 (Cal. App. 2014):
However, in People v. Lopez (2011) 198 Cal.App.4th 1106, 1118-1119 (Lopez), we found a defendant's failure to request a modification of CALCRIM No. 400 forfeited any claim of error. Here, the record indicates defense counsel agreed to the jury instructions. The record contains no request by defense counsel for any additional instructions to clarify or amplify the given instructions.
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