What is the test for showing prejudice in a motion where the appellant only speculates how a different defense could have been presented?

California, United States of America


The following excerpt is from People v. Orloff, 2 Cal.App.5th 947, 206 Cal.Rptr.3d 755 (Cal. App. 2016):

simply speculates how a different defense could have been presented. In any event, appellant has failed to carry his burden of showing prejudice. Appellant must carry his burden of proving prejudice as a demonstrable reality, not simply speculation as to the effect of the errors or omissions of counsel. [Citation.] (People v. Williams (1988) 44 Cal.3d 883, 937, 245 Cal.Rptr. 336, 751 P.2d 395.) To prove prejudice,

[206 Cal.Rptr.3d 763]

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