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State v. Sims11/29/1999
550, 947 P.2d 700 (1997). But legitimate decisions relating to trial strategy or tactics are not ineffective. See Madison, 53 Wn. App. at 763.
The State argues that defense counsel employed legitimate trial strategy because punishment for second-degree felony murder, for which Mosi could have been convicted as an accomplice to Umi, is four times that for first degree manslaughter. Thus, the State argues that defense counsel reasonably sought to avoid the risk of giving the jury a single choice between conviction for second-degree felony murder and acquittal. Although the evidence to convict Mosi on second-degree felony murder was slim, the request for the erroneous lesser-included instruction may be viewed as legitimate trial strategy; we find that Mosi's counsel was effective.
CONCLUSION
Because we find no errors that require reversal, we affirm the convictions of both Umi and Mosi Sims.
WE CONCUR
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