California, United States of America
The following excerpt is from People v. See, F067147 (Cal. App. 2015):
A defendant bears the burden of proving ineffective assistance of counsel. (People v. Vines (2011) 51 Cal.4th 830, 875 (Vines).) Counsel's performance must be both deficient and have caused prejudice. (Ibid.) To reverse a conviction, the appellate record must affirmatively disclose defense counsel had no rational tactical purpose for his or her act or omission. (Id. at p. 876.) "If the record on appeal '"'sheds no light on why counsel acted or failed to act in the manner challenged[,] . . . unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation,' the claim on appeal must be rejected,"' and the 'claim of ineffective assistance in such a case is more appropriately decided in a habeas corpus proceeding.' [Citation.]" (Ibid.)
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