Is it ineffective defense counsel for failing to alert the court that not all 12 oral copulation counts occurred on separate occasions?

California, United States of America


The following excerpt is from People v. Mendez, D068724 (Cal. App. 2015):

10. Mendez argues that defense counsel was ineffective for "failing to alert the court that not all 12 oral copulation counts occurred on separate occasions." To establish ineffective assistance of counsel, a defendant must show that (1) counsel's performance was deficient, falling below an objective standard of reasonableness under prevailing professional norms; and (2) the deficient performance resulted in prejudice. (Strickland v. Washington (1984) 466 U.S. 668, 687.) Here, as we have explained, the One Strike law does not apply to counts 1 through 12, and accordingly, it was reasonable for defense counsel to chose not to point out that some of the oral copulations occurred on the same occasion.

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