What is the test for ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Garcia, B268497 (Cal. App. 2017):

To establish a claim of ineffective assistance of counsel, defendant must first demonstrate that his trial counsel's performance was deficient "because it 'fell below an objective standard of reasonableness . . . under prevailing professional norms.' [Citations.]" (People v. Ledesma (2006) 39 Cal.4th 641, 746.) In evaluating counsel's actions, unless defendant makes a contrary showing, we "shall presume that 'counsel's performance fell within the wide range of professional competence . . . .' [Citation.]" (Id. at p. 746.) Second, a defendant who can satisfy this initial burden must also demonstrate that he suffered

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