California, United States of America
The following excerpt is from People v. Byers, 275 Cal.Rptr.3d 661, 61 Cal.App.5th 447 (Cal. App. 2021):
To establish ineffective assistance of counsel, defendant must show that " counsel's performance was deficient, in that it fell below an objective standard of reasonableness under prevailing professional norms, " and there is " a reasonable probability that, but for counsel's deficient performance, the outcome of the proceeding would have been different. " ( People v. Hoyt (2020) 8 Cal.5th 892, 958, 257 Cal.Rptr.3d 784, 456 P.3d 933.) " If the record does not shed light on why counsel acted or failed to act in the challenged manner, we must reject the claim on appeal unless counsel was asked for and failed to provide a satisfactory explanation, or there simply can be no satisfactory explanation. [Citation.]" ( People v. Hernandez (2004) 33 Cal.4th 1040, 1053, 16 Cal.Rptr.3d 880, 94 P.3d 1080.) "An attorney may choose not to object for many reasons, and the failure to object rarely establishes ineffectiveness of counsel." ( People v. Kelly (1992) 1 Cal.4th 495, 540, 3 Cal.Rptr.2d 677, 822 P.2d 385.)
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