Is a defendant's right to effective assistance of counsel violated by trial counsel's failure to challenge his prior strike?

California, United States of America


The following excerpt is from People v. Whitehurst, E043665 (Cal. App. 3/27/2008), E043665 (Cal. App. 2008):

Defendant claims his right to effective assistance of counsel was violated by trial counsel's failure to challenge his prior strike. There is nothing in the record to support this claim. Defendant accepted a plea bargain prior to any preliminary hearing, where the admission of the strike was part of the negotiated plea bargain. We presume, therefore, there was a tactical purpose underlying counsel's acts. (See People v. Anzalone (2006) 141 Cal.App.4th 380, 394.)

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