State v. Wilson

I do not agree with the majority opinion’s determination that Defendant was not entitled to the lesser-included-offense instruction of CSP III. I believe there was evidence presented at trial tending to establish that the sexual offenses were committed without the use of a gun which entitled Defendant to a CSP III instruction for each of the CSP II counts submitted to the jury. In addition, I do not agree that defense counsel’s failure to object to the prosecutor’s seemingly discriminatory use of peremptory challenges during jury selection did not amount to a prima facie case of ineffective…