Does defendant have any grounds of objection to the instruction in his personal injury case where he objected to the reference in the instruction to evidence of threats?

California, United States of America


The following excerpt is from People v. Villagrana, B220061, Los Angeles County Super. Ct. No. NA071730 (Cal. App. 2011):

Defendant does not claim that he objected to the instruction on the first two grounds he urges here. Defendant objected to the reference in the instruction to evidence of threats, but he did not otherwise object to the instruction. Thus, he has not preserved those issues for appeal. (See People v. Hart (1999) 20 Cal.4th 546, 622.) Further, the instruction limited the use of the evidence, and defendant's counsel had asked for a limiting instruction at the time the trial court ruled that it would admit evidence of defendant's quarrel with Zamora and Gutierrez's interference. The trial court was thus required to give such an instruction. (Evid. Code, 355; People v. Falsetta (1999) 21 Cal.4th 903, 924.)

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