California, United States of America
The following excerpt is from People v. Navarro, B263204 (Cal. App. 2016):
The record does not disclose defense counsel's reason for stipulating to the registration evidence. That alone precludes reversal on defendant's ineffective assistance claim on direct appeal; defense counsel could have decided as a tactical matter that it was better to stipulate to what was plainly admissible evidence. (People v. Nguyen (2015) 61 Cal.4th 1015, 1051 [on direct appeal, where counsel's trial tactics or strategic reasons for challenged decisions do not appear on the record, courts will not find ineffective assistance unless there could be no conceivable reason for counsel's acts or omissions].) In any event, defendant has also failed to demonstrate that any objection by his counsel would have been successful. Evidence Code section 352 provides: "The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.