What is the effect of the court allowing counsel to delay making a decision on whether or not to give an instruction?

California, United States of America

The following excerpt is from People v. Drake, C081678 (Cal. App. 2017):

not want the court to "fully and finally rule" on whether to give the instruction "until he had some additional time to conduct his due diligence on whether or not he was going to ask for it or potentially present that evidence." Defense counsel never asked for the instruction or presented that expert testimony. "Because he never raised the issue again or sought a definitive ruling, his claim on appeal is procedurally barred." (People v. Bolin (1998) 18 Cal.4th 297, 312.)

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