Can Aviles bring an incompetent counsel claim for damages arising from counsel's failure to convey the applicable legal principles to Aviles?
California, United States of America
The following excerpt is from People v. Aviles, F071781 (Cal. App. 2018):
We have concluded the instructions, considered as a whole, adequately conveyed the applicable legal principles. It follows that Aviles suffered no prejudice as a result of counsel's omission; hence, that omission does not support an incompetent counsel claim. (See People v. Coddington, supra, 23 Cal.4th at p. 603, fn. 32.)
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