Is a defendant's failure to object in a motion where he was accused of committing a burglary was prejudicial?

California, United States of America


The following excerpt is from People v. Parrish, F062378 (Cal. App. 2014):

Finally, to the extent defense counsel should have requested alternate language, his failure to object was not prejudicial. "Prejudice is shown when there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome. [Citation.]" (People v. Williams (1997) 16 Cal.4th 153, 215.) As we also explained above, appellant had the misfortune of running into both homeowners during his daytime burglaries. Appellant complains they gave inconsistent descriptions of some aspects of his facial characteristics, but both witnesses were positive appellant was the burglar they confronted in their homes.

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