Is a defendant entitled to an objection to the instructions on murder?
California, United States of America
The following excerpt is from People v. Romero, B254685 (Cal. App. 2015):
The People contend this argument is forfeited as defendant did not raise an objection to the instructions on murder in the trial court. Because defendant argues that the omission of an element of the offense substantially affected his rights (People v. Felix (2008) 160 Cal.App.4th 849) and that his trial counsel was ineffective in failing to object to the instruction, we address the merits of his argument.
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