Does the Attorney General have grounds to deny that a plaintiff forfeited his claim of instructional error?

As a preliminary matter, we address the contention defendant forfeited his claim of instructional error. Although the Attorney General is correct defendant did not object to CALCRIM No. 220 or request a clarifying instruction, that does not preclude our review because the asserted error affects defendant's substantial rights. ( 1259 ["The 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"]; People v. Guerra (2006) 37 Cal.4th 1067, 1138.)