California, United States of America
The following excerpt is from People v. Mendez, D068724 (Cal. App. 2015):
10. Mendez argues that defense counsel was ineffective for "failing to alert the court that not all 12 oral copulation counts occurred on separate occasions." To establish ineffective assistance of counsel, a defendant must show that (1) counsel's performance was deficient, falling below an objective standard of reasonableness under prevailing professional norms; and (2) the deficient performance resulted in prejudice. (Strickland v. Washington (1984) 466 U.S. 668, 687.) Here, as we have explained, the One Strike law does not apply to counts 1 through 12, and accordingly, it was reasonable for defense counsel to chose not to point out that some of the oral copulations occurred on the same occasion.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.