What is the test for ineffective assistance of counsel?

Defendant's ineffective assistance of counsel claim fails because counsel's performance was not deficient, and because defendant was not prejudiced by counsel's failure to draft an accident instruction. As we discussed, defendant's claim of ineffective assistance is premised on counsel's failure to request jury instruction to which defendant was not entitled. Counsel's performance is not deficient if the evidence does not support giving the instruction, as was the case here. (People v. Dennis (1998) 17 Cal.4th 468, 541-542 [claim of ineffective assistance premised on failure to request jury instruction must fail where defendant was not entitled to such instruction].)