What is the test for a claim of ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Garbin, H043542 (Cal. App. 2017):

Lastly, we must reject defendant's claim of ineffective assistance of counsel. In his letter brief, defendant argues his trial counsel advised him not to accept a more favorable plea of "three years w/ half (with promise of a better one)." This claim, however, should be raised, if at all, in a habeas corpus proceeding. In order to succeed on a claim of ineffective assistance of counsel, defendant must show his counsel's action or inaction was not a reasonable tactical choice, and in most cases " ' " ' "the record on appeal sheds no light on why counsel acted or failed to act in the manner challenged . . . ." ' " ' " (People v. Jones (2003) 30 Cal.4th 1084, 1105.)

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