What is the test for ineffectiveness claims against counsel who advised a defendant to withdraw his plea under section 422 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Wasson, C071430 (Cal. App. 2015):

Even if defendant could establish ineffective assistance based on counsel's purported misadvice about the potential future consequences of a section 422 conviction, we conclude he has failed to demonstrate the requisite prejudice to justify withdrawing his plea. On that basis, we reject his claim. (Strickland v. Washington (1984) 466 U.S. 668, 697, 80 L.Ed.2d 674, superseded by statue on other grounds ["If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice . . . that course should be followed"] (Strickland).)

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