California, United States of America
The following excerpt is from People v. Brown, C085998 (Cal. App. 2019):
The People argue that defendant forfeited this claim by not objecting or proposing other instructions in the trial court. But if defendant's claim had merit, it would mean the jury had not been told it had to find all the elements of the offense. "Instructions regarding the elements of the crime affect the substantial rights of the defendant, thus requiring no objection for appellate review." (People v. Hillhouse (2002) 27 Cal.4th 469, 503.) We reach the merits, but find no error, as we explain.
A. The Law
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