What is the effect of counsel conceding second degree murder?

By conceding second degree murder, defense counsel did not abandon defendant. Rather, counsel made a tactical decision to argue that defendant was, at most, guilty of second degree murder. It is not ineffective assistance of counsel when counsel admits obvious weaknesses in the defense case. (People v. Gurule (2002) 28 Cal.4th 557, 612.)

Page 12

"[W]here the evidence of guilt is quite strong, 'it is entirely understandable that trial counsel, given the weight of incriminating evidence, made no sweeping declarations of his client's innocence but instead adopted a more realistic approach, namely, that . . . defendant . . . may have committed [some of the charged crimes] . . . .'" (Ibid.) In some cases, good trial tactics may demand that defense counsel be completely candid with the jury. (Ibid.) Given the state of the evidence before this court, defense counsel attempted to make the best of a bad situation by conceding second degree murder. "[S]ensible concessions are an acceptable and often necessary tactic. [Citations.]" (People v. Gamache (2010) 48 Cal.4th 347, 392-393.)