What is the reason why appellant's defense counsel did not request a pinpoint jury instruction regarding the alleged "suggestive influences" behind the identification of witnesses?

California, United States of America


The following excerpt is from People v. Townsend, F072456 (Cal. App. 2018):

As an initial matter, we cannot determine from this record why appellant's defense counsel did not request a pinpoint jury instruction regarding the alleged "suggestive influences" behind the witnesses' identifications. Defense counsel was not asked for an explanation. Because the record does not reveal why defense counsel elected not to seek such an instruction, appellant's claim must fail. (See People v. Mitcham, supra, 1 Cal.4th at p. 1059.) Moreover, appellant has not established prejudice.

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