Can a defendant argue ineffective assistance of counsel on appeal for failing to object to the prosecutor's comments in closing argument?

California, United States of America

The following excerpt is from People v. Katepa, F069576 (Cal. App. 2017):

Defendant contends trial counsel rendered ineffective assistance of counsel for failing to object to the prosecutor's comments in closing argument. "A defendant whose counsel did not object at trial to alleged prosecutorial misconduct can argue on appeal that counsel's inaction violated the defendant's constitutional right to the effective assistance of counsel." (People v. Lopez (2008) 42 Cal.4th 960, 966.) To prove ineffective assistance of counsel, a defendant must show: (1) defense counsel's performance fell below an objective standard of reasonableness under prevailing

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professional norms; and, (2) the deficient performance resulted in prejudice by depriving the defendant of a fair trial. (Strickland v. Washington (1984) 466 U.S. 668, 687.)

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