What is the record of why defendant's trial counsel failed to object to the sentencing on the ground that the trial court improperly used defendant's religious beliefs as a basis for his sentence?

California, United States of America


The following excerpt is from People v. Fuentes, B226655 (Cal. App. 2011):

The record does not reflect why defendant's trial counsel failed to object to the sentencing on the ground that the trial court improperly used defendant's religious beliefs as a basis for his sentence. As the Attorney General asserts, there could be a satisfactory explanation for counsel not asserting an objection"[defendant's] trial counsel may have decided not to object to the court's statement of reasons because the trial court said nothing objectionable, and any such objection would only draw more attention to the heinous nature of [defendant's] crimes and his failure to express remorse." We generally do not determine the claim of ineffective assistance of counsel on appeal because it is a claim more appropriately raised by a petition for a writ of habeas corpus. (People v. Tafoya (2007) 42 Cal.4th 147, 196, fn. 12 ["a claim of ineffective assistance of counsel is more appropriately raised in a petition for writ of habeas corpus [citation], where 'relevant facts and circumstances not reflected in the record on appeal, such as counsel's reasons for pursuing or not pursuing a particular trial strategy, can be brought to light to inform the two-pronged inquiry of whether counsel's "representation fell below an objective standard of reasonableness," and whether "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been

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different."'"].) Defendant has failed to establish that he received ineffective assistance of counsel.

The judgment is affirmed.

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