Is a defendant's failure to object to or request that an instruction be omitted or omitted from a jury's instructions forfeits his claim on appeal?
California, United States of America
The following excerpt is from People v. Melgoza, G042751, Super. Ct. No. 07ZF0012 (Cal. App. 2011):
"Defendant did not request the clarifying language he now contends was crucial and may not now 'complain on appeal that an instruction correct in law and responsive to the evidence was too general or incomplete.' [Citations.] Defendant's failure to either object to the proposed instruction or request that the omitted language be given to the jury forfeits his claim on appeal. [Citation.]" (People v. Valdez (2004) 32 Cal.4th 73, 113.)
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