In a motion to dismiss count 4 pursuant to section 1387, does defendant have to prove that defense counsel was ineffective for failing to file the motion?

Finally, we reject defendant's assertion that defense counsel was ineffective for failing to file a motion to dismiss count 4 pursuant to section 1387. To prevail on a claim of ineffective assistance of trial counsel, the defendant must establish not only deficient performance, which is performance below an objective standard of reasonableness, but also prejudice. Prejudice must be affirmatively proved. The record must affirmatively demonstrate a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. (People v. Maury (2003) 30 Cal.4th 342, 389.) Because we have concluded there is no merit to his underlying section 1387 contention, defendant has failed to demonstrate prejudice.