California, United States of America
The following excerpt is from People v. Pridmore-Ybarra, C083332 (Cal. App. 2020):
To establish a claim of ineffective assistance of counsel, a defendant must prove that (1) trial counsel's representation was deficient because it fell below an objective standard of reasonableness under prevailing professional norms, and (2) the deficiency resulted in prejudice to defendant, meaning there is "a reasonable probability that, but for counsel's deficient performance, the outcome of the proceeding would have been different." (See People v. Mai (2013) 57 Cal.4th 986, 1009; see also Strickland v. Washington (1984) 466 U.S. 668, 687-688 [80 L.Ed.2d 674].) Because defendant has failed to establish prejudicial instructional error, we reject defendant's contention that his counsel was ineffective in failing to object to the contrived self-defense and mutual combat/initial aggressor instructions.
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