California, United States of America
The following excerpt is from People v. McCormick, H038603 (Cal. App. 2013):
Further, we need not speculate as to the trial counsel's state of mind. "If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed." (Strickland v. Washington, supra, 466 U.S. at p. 697.) Defendant's claim of ineffective assistance therefore fails since he was not prejudiced by any perceived omissions made by his trial counsel. Defendant was ultimately sentenced on both cases based on a negotiated disposition that included concurrent time. There is nothing in the record to suggest that the negotiated disposition did not take into account the time defendant had served or the credits he had earned. Without more information, it would be pure speculation for us to find defendant was actually prejudiced by his counsel's failure to request he be remanded on SS110923A. Defendant was not denied effective assistance of counsel.
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