What is the impact of a defense counsel's decision to concede intent to kill and dispute intent to torture?

California, United States of America

The following excerpt is from People v. Winter, D062455 (Cal. App. 2013):

Defense counsel's decision to concede intent to kill and dispute intent to torture was a reasonable tactical decision. There was overwhelming evidence that defendant intended to kill his mother based on the severity of the attack and his repeated statements reflecting this intent. Further, the maximum sentence on the second degree attempted murder charge, including the personal infliction of great bodily injury enhancement, was a determinate term of 12 years ( 664, subd. (a); 190, subd. (a); 12022.7, subd. (a)), whereas the sentence for the torture charge was an indeterminate life term ( 206.1). Defense counsel could reasonably elect to concede the readily-established attempted murder charge in the hopes that the jurors would be satisfied with this conviction and defendant would avoid the harsher punishment arising from a torture conviction. (See People v. Mitcham (1992) 1 Cal.4th 1027, 1060-1061.)

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