Alexander, C.J. (dissenting) — I disagree with the majority insofar as it concludes that the failure of Guillermo Cienfuegos’s counsel to request a diminished capacity instruction was not, under the circumstances of this case, ineffective assistance of counsel. I, therefore, dissent from its decision to affirm Cienfuegos’s conviction on a charge of first degree escape. Although the majority concedes that Cienfue…
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