P. v. Requejo CA2/3
A jury found defendant and appellant Jonathan Requejo guilty of attempted murder, possession of a firearm by a felon, and shooting into an occupied vehicle, and made true findings that defendant personally and intentionally discharged a firearm. On appeal, defendant contends that (1) his conviction must be reversed because his trial counsel provided ineffective assistance by failing to request an eyewitness identification instruction pursuant to CALCRIM No. 315, and (2) the recent enactment of Senate Bill No. 620 (SB 620) requires us to remand this matter to allow the trial court to exercise its discretion to strike the firearm enhancements under Penal Code section 12022.53.
As we will explain, defendant has not demonstrated by affirmative evidence that his counsel lacked a “ ‘ “ ‘rational tactical purpose’ ” ’ ” for failing to request a CALCRIM No. 315 instruction. (People v. Mickel (2016) 2 Cal.5th 181, 198 (Mickel).)
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