Does failing to object to evidence under section 352 constitute ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Sanders, B220328 (Cal. App. 2012):

In view of the foregoing, an objection to this evidence under section 352 is without merit, and accordingly, Sanders has not shown his counsel was ineffective for failing to object to the October 1998 Drive-by Shooting in the trial court. (See People v. Thomas (1992) 2 Cal.4th 489, 531 [failure to make a meritless objection does not constitute ineffective assistance of counsel]; People v. Cudjo (1993) 6 Cal.4th 585, 616 ["[b]ecause there was no sound legal basis for objection, counsel's failure to object to the admission of the evidence cannot establish ineffective assistance"].)

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