What is the nature of a defense counsel's objection to the consequences instruction?
California, United States of America
The following excerpt is from The People v. Garcia, B211909, No. NA074833 (Cal. App. 2010):
as one of the predicates to the consequences instruction." There was no further discussion about the nature of defense counsel's objection to the instruction. However, even assuming this was not a timely objection, a criminal defendant's claim that an instruction misstated the law or violated his or her right to due process of law "is not of the type that must be preserved by objection." (People v. Smithey (1999) 20 Cal.4th 936, 976, fn. 7.)
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