California, United States of America
The following excerpt is from The People v. Hernandez, G042489, No. 07CF2696 (Cal. App. 2010):
We will not presume deficient performance. (See People v. Thomas (1992) 2 Cal.4th 489, 530-532.) Indeed, "[o]n a direct appeal a conviction will be reversed for ineffective assistance of counsel only when the record demonstrates there could have been no rational tactical purpose for counsel's challenged act or omission." (People v. Mesa (2006) 144 Cal.App.4th 1000, 1007.)
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