What is the burden of sustaining a charge of ineffective assistance of counsel?

The burden of sustaining a charge of ineffective assistance of counsel is upon Cruz. The proof must not be speculative. There is a presumption the challenged action might be considered sound trial strategy. On a direct appeal a conviction will be reversed for ineffective assistance of counsel only when the record demonstrates there could have been no rational tactical purpose for counsel's challenged act or omission. (People v. Mesa (2006) 144 Cal.App.4th 1000, 1007-1008.) One rational tactical purpose for not objecting is that an objection and ruling would make no difference to the trial's outcome.