State v. Bertrand (Majority and Dissent)
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The case involves Andrew Bertrand, who was convicted of two counts of first-degree child molestation. Bertrand argued that his counsel was ineffective for failing to propose lesser included offense instructions on fourth-degree assault. The trial court denied Bertrand's motion, ruling that although counsel was deficient for purposes of Strickland’s first prong, Bertrand could not show prejudice as required by Strickland’s second prong. The trial court ruled that because the State had met its burden of proving each element of first-degree child molestation and the jury convicted Bertrand of those charges, he could not show prejudice.
The Supreme Court of the State of Washington clarified that a defendant can show ineffective assistance based on counsel’s failure to propose a lesser included offense instruction, even if there is sufficient evidence to support the jury’s verdict. However, the court affirmed the trial court's decision, stating that Bertrand was not prejudiced by his counsel’s failure to propose the fourth-degree assault instructions. The court remanded the remaining issues to the Court of Appeals for further proceedings.
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