Does a defendant have ineffective assistance of counsel claim?

California, United States of America


The following excerpt is from People v. Perron, C082869 (Cal. App. 2020):

But as the People point out, defense counsel could have made a rational tactical decision not to challenge the condition in order to preserve defendant's favorable disposition that included concurrent terms on his convictions for forgery, failing to appear, driving under the influence of narcotics, possessing contraband, and driving on a suspended license. This is especially true given defendant's lengthy criminal history. Given the plausible explanation for counsel's tactical decision, defendant's ineffective assistance of counsel claim fails. (People v. Huggins (2006) 38 Cal.4th 175, 206 [" 'If the record on appeal fails to show why counsel acted or failed to act in the instance asserted to be ineffective, unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation, the claim must be rejected on appeal' "].)

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