California, United States of America
The following excerpt is from People v. Tran, G040318 (Cal. App. 8/31/2009), G040318 (Cal. App. 2009):
"`"[I]f the record on appeal sheds no light on why counsel acted or failed to act in the manner challenged[,] . . . unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation," the claim [of ineffective assistance of counsel] on appeal must be rejected.' [Citations.] A claim of ineffective assistance in such a case is more appropriately decided in a habeas corpus proceeding. [Citations.]" (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267.) Here, while acknowledging an ineffective assistance of counsel claim ordinarily must be raised collaterally, defendant asserts the record reveals there is no reasonable explanation for any of the alleged deficiencies.
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