Does a finding of ineffective assistance constitute ineffective assistance?

10. Contrary to the dissent's characterization, our conclusion that Sturns has not shown good cause does not amount to a finding of ineffective assistance. (See conc. & dis. opn., p. 1.) "To establish a violation of the constitutional right to effective assistance of counsel, a defendant must show both that his counsel's performance was deficient when measured against the standard of a reasonably competent attorney and that counsel's deficient performance resulted in prejudice to defendant in the sense that it 'so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.' [Citations.]" (People v. Kipp (1998) 18 Cal.4th 349, 366.) In this decision, we have neither made a finding that counsel's performance fell below the standard of a reasonably competent attorney nor considered the issue of prejudice, which would require more than the conclusion that an earlier request for relief from default would have resulted in our granting an extension of time to seek a certificate of probable cause. Whether the conduct and decisions of the attorneys in this case constitute ineffective assistance is an inquiry best resolved via a petition for writ of habeas corpus filed initially in the superior court.

10. Contrary to the dissent's characterization, our conclusion that Sturns has not shown good cause does not amount to a finding of ineffective assistance. (See conc. & dis. opn., p. 1.) "To establish a violation of the constitutional right to effective assistance of counsel, a defendant must show both that his counsel's performance was deficient when measured against the standard of a reasonably competent attorney and that counsel's deficient performance resulted in prejudice to defendant in the sense that it 'so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.' [Citations.]" (People v. Kipp (1998) 18 Cal.4th 349, 366.) In this decision, we have neither made a finding that counsel's performance fell below the standard of a reasonably competent attorney nor considered the issue of prejudice, which would require more than the conclusion that an earlier request for relief from default would have resulted in our granting an extension of time to seek a certificate of probable cause. Whether the conduct and decisions of the attorneys in this case constitute ineffective assistance is an inquiry best resolved via a petition for writ of habeas corpus filed initially in the superior court.