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defendanttrialhabeas corpusjury instructions
defendantappealtrialpleahabeas corpusjury instructions

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People v. Frierson, 25 Cal.3d 142, 599 P.2d 587, 158 Cal.Rptr. 281

Facts

In February 1978, Lavelle Frierson and codefendant Zondre Wooley were charged with murder, robbery, kidnaping for robbery, and assault with a deadly weapon. The charges stemmed from an incident where Frierson, armed with a gun, forced two victims into a car, robbed them, and subsequently shot them. The trial revealed that Frierson had consumed drugs on the day of the crime, but his defense of diminished capacity was inadequately presented, leading to a conviction for first-degree murder and a death sentence.

In February 1978, defendant and codefendant Zondre Wooley were charged with murder (Pen.Code, s 187), robbery (s 211), kidnaping for purposes of robbery (s 209), and assault with a deadly weapon (s 245, subd. (a)).

Issue

Did the trial court err in failing to provide a sua sponte instruction on diminished capacity, and was the defendant deprived of effective assistance of counsel?

Did the trial court err in failing to instruct additionally, sua sponte, that defendant's diminished capacity might rebut specific intent required for perpetration of robbery; and was the defendant deprived of effective assistance?

Rule

A defendant is entitled to effective assistance of counsel, which includes the duty of counsel to investigate and present a defense, and the court must provide appropriate jury instructions when warranted by the evidence.

A defendant is entitled to effective assistance of counsel, which includes the duty of counsel to investigate and present a defense, and the court must provide appropriate jury instructions when warranted by the evidence.

Analysis

The court determined that the trial counsel's failure to investigate and present a diminished capacity defense constituted ineffective assistance. The evidence presented at trial regarding the defendant's drug use was insufficient to support a diminished capacity defense, and the trial counsel's strategic decisions were deemed inadequate given the circumstances. The court also found that the jury instructions provided were not sufficient to address the specific intent required for the robbery charge.

We have concluded that, while the contentions raised on defendant's appeal lack merit, the uncontradicted facts presented in his habeas corpus pleadings disclose that defendant was deprived of adequate and effective representation during both the guilt and penalty phases of his trial.

Conclusion

The court reversed the judgment and granted the writ of habeas corpus, concluding that the defendant was deprived of effective assistance of counsel during his trial.

Accordingly, we conclude that the trial court did not err in failing to instruct sua sponte on the issue of diminished capacity as it pertains to the crime of robbery.

Who won?

Lavelle Frierson prevailed in the case as the court reversed his conviction due to ineffective assistance of counsel.

We have concluded that, while the contentions raised on defendant's appeal lack merit, the uncontradicted facts presented in his habeas corpus pleadings disclose that defendant was deprived of adequate and effective representation during both the guilt and penalty phases of his trial.

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