California, United States of America
The following excerpt is from People v. Cepeda, D064835 (Cal. App. 2015):
As defendant recognizes, defense counsel's failure to object to the court's response forfeits the issue on appeal (People v. Castaneda (2011) 51 Cal.4th 1292, 1352), but we may review the claim of error based on his assertion of ineffective assistance of counsel (People v. Mesa (2006) 144 Cal.App.4th 1000, 1007). To show ineffective representation, the defendant must establish that counsel's performance fell below an objective standard of reasonableness, and there is a reasonable probability that absent counsel's deficiency the result would have been different. (Ibid.) If the record does not show prejudice from counsel's alleged deficiency, we may reject the claim without determining whether counsel's performance was deficient. (Id. at p. 1008.)
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