Does the Attorney General have forfeited the issue of a defendant's right to object to the instruction that the jury instructions omitted an essential element of the charge?
California, United States of America
The following excerpt is from People v. Spurlock, G055975 (Cal. App. 2020):
5. The Attorney General argues defendant forfeited this issue by not objecting to the instruction during trial. However, "no objection is required to preserve a claim for appellate review that the jury instructions omitted an essential element of the charge." (People v. Mill (2012) 53 Cal.4th 400, 409.)
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