Does a defense counsel provide deficient performance by failing to make an objection to a motion for probation supervision fees?
California, United States of America
The following excerpt is from People v. Noble, H040844, H040845 (Cal. App. 2015):
An attorney does not provide deficient performance by failing to make an objection that counsel determines would be futile or unmeritorious. (See People v. Price (1991) 1 Cal.4th 324, 387.) Because defense counsel in this case may have reasonably determined the court would find that his client had the ability to pay the probation supervision fees, the record on appeal does not support a claim that defense counsel's performance was deficient.
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