Does Defendant have forfeited appellate review of this issue?
California, United States of America
The following excerpt is from People v. Romero, F073680 (Cal. App. 2018):
9. Defendant correctly states that he has not forfeited appellate review of this issue, even though defense counsel did not object when the court stated that it would not instruct on any lesser included offenses, since his argument is that the court had a sua sponte duty to give the involuntary manslaughter instruction regardless of defense counsel's motion. (See, e.g., People v. Brothers (2015) 236 Cal.App.4th 24, 33.)
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