California, United States of America
The following excerpt is from People v. Garrett, B240559 (Cal. App. 2013):
The trial court had the bailiff provide the jury with the following answer to its question, consistent with the response the trial court read to counsel: "When a defendant chooses killing over another course of action, the results occasioned by that course of action can be innumerable. The defendant need not have in mind all or any particular type of consequence, he may reflect on several consequences, but it is not a requirement that there be reflection about more than one consequence. A finding of deliberation may be based upon any one consequence." The trial court had previously advised counsel that the underscored words in the answer to the jury's question were words that were italicized in People v. Cordero (1989) 216 Cal.App.3d 275.
"To prevail on an ineffective assistance of counsel claim, a defendant must show that the conduct of his trial counsel about which he complains fell below the standard of reasonableness and that he was prejudiced by that conduct. [Citations.] Also, despite a claim of ineffective assistance, if 'the record does not show the reason for counsel's challenged actions or omissions, the conviction must be affirmed unless there could be no satisfactory explanation. [Citation.]' [Citation.]" (People v. Espiritu (2011) 199 Cal.App.4th 718, 725-726.)
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