What is the current state of the law on assistance on appeal?

California, United States of America


The following excerpt is from People v. Arreaga, A154378 (Cal. App. 2019):

assistance on appeal only if the record affirmatively discloses no rational tactical purpose for counsel's act or omission." (Id. at p. 1148.) "When, however, the record sheds no light on why counsel acted or failed to act in the manner challenged, the reviewing court should not speculate as to counsel's reasons." (People v. Diaz (1992) 3 Cal.4th 495, 557.)

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