California, United States of America
The following excerpt is from People v. Anderson, B259312 (Cal. App. 2016):
Appellant argues that if the claim was forfeited due to defense counsel's failure to timely object or propose an alternate procedure, he received ineffective assistance of counsel. "To secure reversal of a conviction upon the ground of ineffective assistance of counsel under either the state or federal Constitution, a defendant must establish (1) that defense counsel's performance fell below an objective standard of reasonableness, i.e., that counsel's performance did not meet the standard to be expected of a reasonably competent attorney, and (2) that there is a reasonable probability that defendant would have obtained a more favorable result absent counsel's shortcomings." (People v. Cunningham (2001) 25 Cal.4th 926, 1003.) "A defendant who raises the issue on appeal must establish deficient performance based upon the four corners of the record. 'If the record on appeal fails to show why counsel acted or failed to act in the instance asserted to be ineffective, unless counsel was asked for an explanation and failed to provide one,
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or unless there simply could be no satisfactory explanation, the claim must be rejected on appeal.'" (Ibid., quoting People v. Kraft (2000) 23 Cal.4th 978, 1068.)
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