Can counsel be found to have failed to meet the relevant standard for prejudicial conduct in a sexual assault case?

assuming counsel's performance fell below the requisite standard, it was not prejudicial. As the People correctly point out, the prison records do not undercut defendant's admission that he saw the victim in May 2006 after he was released on parole. The information could and most certainly would have been properly amended to conform to the evidence presented via those records. (Pen. Code, 1009; Pitts, supra, 223 Cal.App.3d at pp. 904-905; see also People v. Wilder (1955) 135 Cal.App.2d 742, 749 [changing alleged date of charged offense does not change the offense charged for purposes of Penal Code section 1009].)