What is the test for ineffective assistance of counsel?
California, United States of America
The following excerpt is from People v. Rios, 2d Crim. No. B279787 (Cal. App. 2019):
We have already concluded that any error in failing to instruct the jury on the lesser included offense of involuntary manslaughter was harmless. We have further determined that any failure to include an instruction on malice aforethought in CALCRIM No. 3428 was harmless. Thus, our determination that the asserted errors were harmless precludes the finding of prejudice necessary for a claim of ineffective assistance of counsel. (People v. Cleveland (2004) 32 Cal.4th 704, 746; People v. Maury (2003) 30 Cal.4th 342, 394.)
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