Does Nauta have to prove that his trial counsel's failure to object constitutes ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Nauta, D074563 (Cal. App. 2020):

Nauta also has not shown that his trial counsel's failure to object constitutes ineffective assistance of counsel. "Establishing a claim of ineffective assistance of counsel requires the defendant to demonstrate: (1) counsel's performance was deficient in that it fell below an objective standard of reasonableness under prevailing professional norms, and (2) counsel's deficient representation prejudiced the defendant, i.e., there is a 'reasonable probability' that, but for counsel's failings, defendant would have obtained a more favorable result." (People v. Dennis (1998) 17 Cal.4th 468, 540.)

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