In a motion for a new trial, how have the courts treated defense counsel's claims of failing to object based on marital privilege and failing to request an Evidence Code hearing?

With regard to the claim of failing to object based on marital privilege and failing to request an Evidence Code section 402 hearing, we cannot say that counsel's performance fell below the objective standard of reasonableness under prevailing norms. (People v. Ledesma (1987) 43 Cal.3d 171, 216-218.) Although the motion for a new trial stated that defense counsel had no tactical reason for failing to object, these were the arguments of counsel and not evidence. The record before us contains no evidence that

Page 12