Does Defendant have an argument that counsel's failure to object to the motion is reasonable?

California, United States of America


The following excerpt is from People v. Ocampo, C058621 (Cal. App. 8/11/2009), C058621. (Cal. App. 2009):

This argument does not even attempt to explain how counsel's failure to object fell below an objective standard of reasonableness. Effective assistance is not perfect assistance. Defendant asserts there can be no tactical basis for counsel's actions but fails to explain how this is so. "[I]n the heat of a trial, defense counsel is best able to determine proper tactics in the light of the jury's apparent reaction to the proceedings. The choice of when to object is inherently a matter of trial tactics not ordinarily reviewable on appeal." (People v. Frierson (1991) 53 Cal.3d 730, 749.)

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