Is Defendant's claim of ineffective assistance of counsel based on matters that are not in the appellate record?

California, United States of America


The following excerpt is from People v. Correa, H041685 (Cal. App. 2016):

5. Defendant's claim of ineffective assistance of counsel is therefore based in part on matters that are outside of the appellate record. " ' "[If] the record on appeal sheds no light on why counsel acted or failed to act in the manner challenged . . . ," the claim on appeal must be rejected.' " (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266.) "A claim of ineffective assistance in such a case is more appropriately decided in a habeas corpus proceeding." (Id. at pp. 266-267.)

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