Does the Attorney General have to be held responsible for giving the wrong instruction to a jury?

The Attorney General appears to concede the instruction was not proper, her only argument being it was harmless error. Giving a correct but irrelevant instruction generally is "'"only a technical error which does not constitute ground for reversal."' [Citation.]" (People v. Cross (2008) 45 Cal.4th 58, 67.) Without deciding the propriety of the instruction, but considering the instructions as a whole (ibid.), we agree that even if the facts did not support giving it, it was not reasonably likely the jury misapplied or incorrectly relied on it. (People v. Smithey (1999) 20 Cal.4th 936, 963.)