California, United States of America
The following excerpt is from People v. Lopez, 271 Cal.Rptr.3d 170, 56 Cal.App.5th 936 (Cal. App. 2020):
had there been no conflict." [Citation.]" ( People v. Perez (2018) 4 Cal.5th 421, 435, 229 Cal.Rptr.3d 303, 411 P.3d 490.) " "In undertaking such an inquiry, we are ... bound by the record. But where a conflict of interest causes an attorney not to do something, the record may not reflect such an omission. We must therefore examine the record to determine (i) whether arguments or actions omitted would likely have been made by counsel who did not have a conflict of interest, and (ii) whether there may have been a tactical reason (other than the asserted conflict of interest) that might have caused any such omission." [Citation.]" ( People v. Johnson (2018) 6 Cal.5th 541, 578, 241 Cal.Rptr.3d 782, 432 P.3d 536.)
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