California, United States of America
The following excerpt is from People v. Lemus, 2d Crim. No. B286817 (Cal. App. 2019):
rejected unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation." (People v. Lawley (2002) 27 Cal.4th 102, 133, fn. 9.)
Here there is no explanation in the record as to why counsel did not object, nor did the court ask for one. Moreover, given there was no due process violation for the reasons stated above, any objection would have been futile. (People v. Anderson (2001) 25 Cal.4th 543, 587 [counsel does not render ineffective assistance where an objection would have been futile].) Lemus does not show that defense counsel was ineffective.
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