California, United States of America
The following excerpt is from The People v. Johnson, H034358, No. SS090896 (Cal. App. 2010):
"To prevail on a claim of ineffective assistance of counsel, a defendant must show both that counsel's performance was deficient and that the deficient performance prejudiced the defense. [Citations.] Counsel's performance was deficient if the representation fell below an objective standard of reasonableness under prevailing professional norms. [Citation.] Prejudice exists where there is a reasonable probability that, but for counsel's errors, the result of the proceeding would have been different." (People v. Benavides (2005) 35 Cal.4th 69, 92-93.) Since we conclude that that there was no error in the instruction on indecent exposure and that even if there was error, there was no prejudice, we reject defendant's ineffective assistance of counsel claim.
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