What is the test for ineffective assistance of counsel?
California, United States of America
The following excerpt is from People v. Ornelas, F074019 (Cal. App. 2018):
Based on this record, appellant has not met his burden of showing his counsel's performance fell below of an objective standard of reasonable competence. As such, ineffective assistance of counsel has not been established. Accordingly, appellant has failed to meet his burden of proof and this claim fails. (People v. Lucas, supra, 12 Cal.4th at p. 436.) In any event, appellant has also failed to establish the required prejudice.
"Prejudice is shown when there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome. [Citation.]" (People v. Williams, supra, 16 Cal.4th at p. 215.)
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