The following excerpt is from Wallin-Reed v. Arnold, No. 2:17-cv-01495 TLN CKD P (E.D. Cal. 2018):
2. However, the same cannot be said of his ineffective assistance of appellate counsel claim. Under California law, ineffective assistance of trial counsel claims that are not clear from the record should be raised in state habeas corpus proceedings and not on direct appeal. See People v. Lucas, 12 Cal. 4th 415, 437 (1995) (stating that "[r]eviewing courts will reverse convictions [on direct appeal] on the ground of inadequate counsel only if the record on appeal affirmatively discloses that counsel had no rational tactical purpose for (his or her) act or omission.") (quoting People v. Zapien, 4 Cal. 4th 929, 9280 (1993)). Since there is no suggestion by petitioner that his trial attorney's errors were clear from the trial transcripts, there is no potential merit to his claim that appellate counsel was ineffective for not challenging his trial attorney's performance on direct appeal. This is especially true since one of petitioner's ineffective assistance of trial counsel claims is based on plea discussions which are generally not made a part of the state court record on appeal.
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