California, United States of America
The following excerpt is from People v. Waldron, F068691 (Cal. App. 2017):
appeal, competency is presumed unless the record affirmatively excludes a rational basis for the trial attorney's choice. [Citations.]" (People v. Musselwhite (1998) 17 Cal.4th 1216, 1260, original italics.)
In the present case, "the appellate record sheds no light on why trial counsel acted as he did; he was not asked to explain his performance; although we may doubt that a satisfactory explanation could be provided, we are unable to conclude that it could not. Thus, we must reject defendant's point." (People v. Bell (1989) 49 Cal.3d 502, 546, fn. omitted.)
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