How have courts treated a defense counsel's claim that the trial court would not have entertained an objection to a probation condition?

California, United States of America


The following excerpt is from People v. Ameen, D074014 (Cal. App. 2019):

this case why defense counsel would not want to raise this issue with the trial court." To the contrary, courts have rejected similar claims when "trial counsel had already negotiated an extremely favorable disposition" and "trial counsel could have reasonably concluded that the trial court would not have entertained an objection to [a] probation condition." (People v. Kendrick (2014) 226 Cal.App.4th 769, 779.) This rationale applies here, where Ameen received a favorable dispositionprobationin comparison to the seriousness of his offense, his presumptive ineligibility for probation, and his exposure to a potential five-year prison term.

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