California, United States of America
The following excerpt is from The People v. Stevens, 111 Cal.Rptr.2d 633 (Cal. App. 2001):
Recognizing that his claims of error regarding the attorney fees order likely were waived by defense counsel's failure to raise them below, defendant contends he received ineffective assistance of counsel. To prevail on an ineffective assistance of counsel claim, a defendant must show "that his counsel's performance was deficient when measured against the standard of a reasonably competent attorney and that counsel's deficient performance resulted in prejudice to defendant." (People v. Kipp (1998) 18 Cal.4th 349, 366.) On the first element, defendant contends his counsel's performance was deficient because "there is no credible reason or valid tactical reason for trial counsel failing to object to the court's imposition of attorney fees." We disagree.
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