Does the Attorney General have forfeited a substantial rights issue by failing to object at trial?

The Attorney General argues defendant forfeited this issue by failing to object at trial. Penal Code section 1259 provides that an appellate court may "review any instruction given ..., even though no objection was made thereto in the lower court, if the substantial rights of the defendant were affected thereby." We have held that a claim that the trial court erroneously instructed the jury pursuant to CALJIC No. 2.52 affects the defendant's substantial rights. ( People v. Wallace (2008) 44 Cal.4th 1032, 1074, fn. 7, 81 Cal.Rptr.3d 651, 189 P.3d 911.)