People v. Spiller

(Court opinion corrected 6/6/16.) Defendant, after being charged with 2 counts of 1st degree murder, posted bond and fled, and was captured in California 15 years later.  Defendant was convicted, after bench trial, and sentenced to 35 years. Counsel did not render ineffective assistance in making strategic choice to pursue an "all-or-nothing" defense, or in failing to request that court consider 2nd degree murder, as court was empowered to consider this lesser offense regardless of counsel's arguments. No prejudice in such failure, as court did consider and reject any contention that Defendant had reasonable or unreasonable belief in self-defense.(GORDON and LAMPKIN, concurring.)