What is the consequence of failing to ask the trial court to clarify an instruction?
California, United States of America
The following excerpt is from People v. Soos, B283269 (Cal. App. 2018):
instructions. Failure to ask the trial court to clarify an instruction results in forfeiture on appeal. (See People v. Cole (2004) 33 Cal.4th 1158, 1211.) "But no forfeiture will be found where . . . the court's instruction was an incorrect statement of the law [citation], or the instructional error affected the defendant's substantial rights." (People v. Mason (2013) 218 Cal.App.4th 818, 823.)
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