Is there any reasonable probability that counsel's error or error of judgment affected the verdict?

Finally, there is no reasonable probability that counsel's decision affected the verdict. Fernandes never wavered from his testimony that he saw defendant pull an object out of his waistband, run to the toilet, and throw it in. A metal object was immediately found in the toilet. Given the strong evidence of defendant's guilt, counsel's alleged errors were not "so serious as to deprive the defendant of a fair trial." (Strickland v. Washington, supra, 466 U.S. at p. 687.) Defendant has failed to show that counsel was ineffective or he suffered any prejudice as a result of counsel's performance.

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We reject defendant's claims regarding election, instructional error, and ineffective assistance of counsel. We affirm the judgment.