California, United States of America
The following excerpt is from People v. Guzman, G049004 (Cal. App. 2015):
"'"[I]f the record on appeal sheds no light on why counsel acted or failed to act in the manner challenged[,] . . . unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation," the claim [of ineffective assistance of counsel] on appeal must be rejected.' [Citations.] A claim of ineffective assistance in such a case is more appropriately decided in a habeas corpus proceeding. [Citations.]" (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267.) There is nothing in the record to show why trial counsel did not object to the gang member's statement on hearsay grounds, nor that he was asked to explain the omission.
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