What is the test for ineffective assistance of counsel?

"To establish ineffective assistance of counsel, defendant must show both: (1) that counsel's performance was deficient; and (2) that the deficient performance prejudiced the defense. [Citations.]" (People v. Cowan (2010) 50 Cal.4th 401, 493, fn. 31.) When the reasons for an attorney's decisions are not apparent from the record, "'we will not assume inadequacy of representation unless counsel had no conceivable tactical purpose.' [Citation.]" (People v. Hines (1997) 15 Cal.4th 997, 1065.)

Gang enhancements are often "inextricably intertwined" with the substantive offense. (People v. Hernandez (2004) 33 Cal.4th 1040, 1048.) "[E]vidence of gang membership is often relevant to, and admissible regarding, the charged offense. Evidence of the defendant's gang affiliationincluding evidence of the gang's territory, membership, signs, symbols, beliefs and practices, criminal enterprises, rivalries, and the likecan help prove identity, motive, modus operandi, specific intent, means of applying force or fear, or other issues pertinent to guilt of the charged crime. [Citations.] To the extent the evidence supporting the gang enhancement would be admissible at a trial of guilt, any inference of prejudice would be dispelled, and bifurcation would not be necessary. [Citation.]" (Id. at pp. 1049-1050.)

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