How have we dealt with the Attorney General's contention that a defendant forfeited any claim of error by failing to object or request modification to an instruction in the trial court?

As an initial matter, we address the Attorney General's contention that defendant forfeited any claim of error by failing to object or request modification of this instruction in the trial court. Pursuant to section 1259, we may review any claim of instructional error that affects a defendant's substantial rights, without regard to whether an objection was made below. "Ascertaining whether claimed instructional error affected the substantial rights of the defendant necessarily requires an examination of the merits of the claim . . . ." (People v. Andersen (1994) 26 Cal.App.4th 1241, 1249.) We will, therefore, address defendant's contention, but conclude it has no merit.