Does the Attorney General have forfeited a contention of substantial rights under section 1259 of the California Civil Code of Civil Procedure Act?
California, United States of America
The following excerpt is from People v. Salazar, H039968 (Cal. App. 2015):
2. The Attorney General argues that defendant has forfeited this contention because he did not object to CALCRIM No. 1193. Section 1259 allows appellate review of claims of instructional error which affect the defendant's substantial rights. (People v. Wallace (2008) 44 Cal.4th 1032, 1074, fn. 7 (Wallace).) Accordingly, we will consider the merits of defendant's contention.
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