Does the Attorney General have any authority or authority to challenge a jury instruction?

The Attorney General argues the doctrine of invited error bars further consideration on this point, and we agree. "'[T]he doctrine of invited error bars defendant from challenging an instruction given by the trial court when the defendant has made a "conscious and deliberate tactical choice"'" with respect to giving or not giving a jury instruction. (People v. Lewis (2001) 25 Cal.4th 610, 667.) Defendant argues counsel was not making a deliberate choice, but simply indicating that he did not intend to focus closing argument on the felony graffiti issue. We disagree. The context of defense counsel's statement was the discussion of a tactical choice by the defense, and the court's statement that the instruction would be defense counsel's choice. Given that context, we find defense counsel made such a deliberate choice when deciding not to request the instruction. As we shall discuss post (see II.D.2) we also find this decision did not render counsel constitutionally ineffective.