What is the test for ineffective counsel in a verified petition for habeas corpus?

probable cause. Where, as here, the record does not show why counsel acted or failed to act in the ways the defendant claims, we must reject an ineffective counsel claim based only on the record on appeal. (See People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267.) A verified petition for habeas corpus allows a defendant to allege facts outside the appellate record to show that counsel's failure was not justified by a tactical choice or other legitimate reason, and thus might constitute ineffectiveness. (See People v. Michaels (2002) 28 Cal.4th 486, 526; People v. Anderson (2001) 25 Cal.4th 543, 569.)

The judgment is affirmed.

Footnotes:

^*. Before Gomes, Acting P.J., Detjen, J. and Pea, J.

^1. All statutory references are to the Penal Code.