People v. Zambrano

Defendant was convicted, after jury trial, of first degree murder. Defendant received ineffective assistance of counsel when defense counsel failed to submit accomplice witness jury instruction. Evidence at trial and reasonable inferences that can be drawn from evidence establish probable cause that Defendant acted as an accomplice. Accomplice witness never separated himself from criminal activity and by hi own admission he participated in it.  The grant of use immunity to witness supports his role as accomplice. No viable strategy for counsel's failure to submit accomplice witness instruction. of his role as accomplice.Defendant was prejudiced by failure to submit instruction, as jury should have been instructed that it should carefully scrutinize witness' testimony in light of his role as accomplice.(McDADE and WRIGHT, concurring.)