Does a defendant have to prove that his trial counsel's stipulation to vacate the court's ruling amounted to ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Patton, B285164 (Cal. App. 2018):

Defendant argues in the alternative that his trial counsel's stipulation to vacate the court's ruling amounted to ineffective assistance of counsel. A defendant's burden to demonstrate ineffective assistance on direct appeal is significant. (Strickland v. Washington (1984) 466 U.S. 668, 678-688 [a defendant must demonstrate that counsel's representation failed to meet an objective standard of professionalism, and that such failures caused him prejudice].) Given the state of the law, including Flores, we are not persuaded there is any merit to defendant's ineffective assistance argument.

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