Does appellant waive the issue of instructional error on appeal because she did not object to the instruction in the trial court?
California, United States of America
The following excerpt is from People v. Gomez, B271556 (Cal. App. 2018):
2. Respondent argues appellant waived the issue of instructional error because she did not object to the instruction in the trial court. Defendants may assert instructional error affecting their substantial rights for the first time on appeal. (People v. Coffman and Marlow (2004) 34 Cal.4th 1, 103, fn. 34.) We therefore address appellant's argument.
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