In what circumstances will a defendant succeed in his claim that his signature was forged on his notice of appeal and request for a certificate of probable cause?

In his supplemental brief, defendant contends that his signature was forged on his notice of appeal and his request for a certificate of probable cause, and that he therefore received ineffective assistance of counsel. As discussed, it appears that defendant's attorney signed defendant's name and then subscribed his own initials, "MB." We note that an attorney generally is authorized to sign pleadings, including a notice of appeal, in his or her own name on a defendant's behalf. (See, e.g., Cal. Rules of Court, rule 8.304(a)(3).) The present record does not reveal why the attorney signed in defendant's name rather than his own, nor can we resolve on this record whether the signatures were "forged" or otherwise unauthorized. In any event, even if defendant's claim is true, defendant has identified, and we can conceive of, no prejudice to defendant, at least in the circumstances presented here. Defendant has therefore failed to carry his burden to establish that he is entitled to relief. (Strickland v. Washington (1984) 466 U.S. 668, 687-688; In re Lucas (2004) 33 Cal.4th 682, 721.)

Page 7

The judgment is affirmed.