P. v. Postelnyak CA3
A jury found defendant Pavel Postelnyak guilty of first degree murder with a firearm for shooting and killing his coworker. He was sentenced to serve 50 years to life in state prison.
Defendant contends on appeal that his trial counsel was constitutionally ineffective because (1) counsel failed to object to alleged character evidence that he had a temper and became more aggressive shortly before the killing, and (2) counsel prematurely withdrew a request to instruct the jury on motive. He also contends insufficient evidence supports his murder conviction.
We conclude defendant’s trial counsel was not ineffective as he had strategic reasons for not objecting to the temper evidence and for withdrawing a request to instruct the jury on motive. Even assuming counsel’s representation fell below a reasonable standard, we conclude there is no prejudice. We also conclude sufficient evidence supports defendant’s murder conviction. We therefore affirm the judgment.
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