What is the test for ineffective assistance of counsel?

"To demonstrate ineffective assistance of counsel, a defendant must show that counsel's action was, objectively considered, both deficient under prevailing professional norms and prejudicial. [Citation.]" (People v. Hinton (2006) 37 Cal.4th 839, 876.) The burden of establishing these elements is on the defendant. (People v. Lucas (1995) 12 Cal.4th 415, 436.)

Here, the record is not adequate for us to decide the merits of petitioner's ineffective assistance of counsel claim. As respondent notes, his appointed counsel "continually waived his presence and asked for or stipulated to continuances" without any objection being asserted by defendant before April 2009. Since the record fails to shed light on why petitioner's trial counsel acted in this manner, we must reject the claim. (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266.)