Can a defendant bring an ineffective assistance of counsel claim?

Defendant argues his counsel should have requested an instruction explaining that the provocation necessary to reduce murder from first to second degree is determined using an subjective test. We have concluded the jury was, in effect, given such an instruction. Since the court expressly instructed the jury they must consider provocation that would not prompt an ordinarily reasonable person to kill in deciding between first and second degree murder, there is no basis for defendant's claim of prejudice resulting from the ineffective assistance of counsel. (People v. Fiu (2008) 165 Cal.App.4th 360, 378, citing Strickland v. Washington (1984) 466 U.S. 668, 687, 694 [prejudice element of ineffective assistance of counsel claim].)