For the purposes of the ineffective assistance of counsel claim, what are the consequences of defendant's failure to object to the improper closing argument?

California, United States of America


The following excerpt is from People v. SMITH, E048186, No. RIF128500 (Cal. App. 2010):

For this same reason we must reject defendant's alternative ineffective assistance of counsel claim. To prevail on that claim defendant must show both deficient performance and resulting prejudice, "i.e., [that] there is a 'reasonable probability' that, but for counsel's failings, defendant would have obtained a more favorable result. [Citations.]" (People v. Dennis (1998) 17 Cal.4th 468, 540-541, citing, among other cases, Strickland v. Washington (1984) 466 U.S. 668.) If trial counsel's performance was deficient because he did not object to the prosecutor's purportedly improper statement during closing argument, that oversight only affected count 3. Because the trial court dismissed that count, the prejudice issue, and therefore defendant's ineffective assistance of counsel claim, is also moot.

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