California, United States of America
The following excerpt is from People v. Doane, 200 Cal.App.3d 852, 246 Cal.Rptr. 366 (Cal. App. 1988):
To succeed on a claim of ineffective advisory counsel, a defendant's claim must go to the narrow role of advisory counsel, not to the adequacy of the [200 Cal.App.3d 865] defendant's own representation or to trial strategy matters within his control. Matters which can be explained as a choice of trial tactics (no matter how poor a choice of tactics) will not support an appellate claim of ineffective advisory counsel; advisory counsel's ineffectiveness must affirmatively appear on the record. 9 Additionally to succeed on such a claim, the defendant must show advisory counsel's ineffectiveness resulted in the withdrawal of a potentially meritorious defense. (Compare People v. Fosselman, supra, 33 Cal.3d at p. 581, 189 Cal.Rptr. 855, 659 P.2d 1144.)
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