What is the test for ineffective assistance of counsel in a sexual assault case?

The victim in this case suffered catastrophic injuries and the extent of her injuries was not a contested issue. The trial court stated that the victim's character was irrelevant, in acknowledgment of counsel's argument, and it expressly identified her grave injuries as the "overwhelming" factor in denying defendant's request for probation. However, the court selected the lower term, finding there were no factors in aggravation and noting defendant's lack of a prior record and his remorse. Inasmuch as the injury to the victim was pivotal to the court's determination and trial counsel's line of questioning relating to the victim's character had no bearing on that factor, defendant has not met his burden of showing "a reasonable probability that, but for counsel's deficient performance, the outcome of the proceeding would have been different." (People v. Mickel, supra, 2 Cal.5th at p. 198.) Therefore, we reject his claim of ineffective assistance of counsel.