Can defense counsel be ineffective for failing to request a special instruction on mere proximity to a controlled substance?

California, United States of America


The following excerpt is from People v. Odell, F062979 (Cal. App. 2013):

Because the instructions given properly and fully instructed the jury on the knowledge and possession requirements for controlled substance offenses, defense counsel was not ineffective for failing to request a special instruction on mere proximity. Defense counsel is not required to request additional instructions when pattern instructions fully and adequately instruct on the elements of the offense or to otherwise engage in idle acts in order to appear competent. (People v. Torrez (1995) 31 Cal.App.4th 1084, 1091-1092.)

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