California, United States of America
The following excerpt is from People v. Juarez, E059334 (Cal. App. 2014):
Defendant alternatively contends that he was denied effective assistance of counsel for failure to object to the imposition of a consecutive sentence on count 5, thereby resulting in its forfeiture on appeal. "To establish ineffective assistance of counsel, a defendant must show (1) counsel's performance was deficient and fell below an objective standard of reasonableness and (2) it is reasonably probable that a more favorable result would have been reached absent the deficient performance. [Citation.] A reasonable probability is a 'probability sufficient to undermine confidence in the outcome.' [Citation.]" (People v. Jones (2013) 217 Cal.App.4th 735, 746-747 (Jones).) The burden of proving a claim of ineffective assistance of counsel is by a preponderance of the evidence. (People v. Powell (2011) 194 Cal.App.4th 1268, 1298.)
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