What is the burden of proving that counsel deliberately failed to object to a motion of motion?

California, United States of America

The following excerpt is from People v. Donovan, F078247 (Cal. App. 2020):

affirmatively demonstrate "that counsel had '"'no rational tactical purpose'"' for [the] ... omission." (People v. Mickel, supra, 2 Cal.5th at p. 198.) This conclusion forecloses defendant's claim on direct appeal. Moreover, although defendant acknowledges he bears the burden of demonstrating prejudice on appeal and he advances a bare claim of prejudice, he makes no showing that counsel's failure to object resulted in prejudice in this case. As such, defendant satisfies neither prong of the inquiry.

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