People v. Love CA3

DISCUSSION

Defendant’s supplemental brief asserts both his appellate counsel and trial counsel provided ineffective assistance of counsel. Defendant claims appellate counsel has been ineffective by failing to communicate with him and providing defendant with false information. Defendant separately claims his trial counsel was ineffective, asserting counsel was retired when he represented defendant, lost exculpatory evidence, and failed to speak to potential witnesses. To establish a claim of ineffective assistance of counsel, defendant must prove that counsel’s representation was deficient because it fell below an objective standard of reasonableness under prevailing professional norms and that the deficiency resulted in prejudice to defendant. (People v. Mai (2013) 57 Cal.4th 986, 1009; Strickland v. Washington (1984) 466 U.S. 668, 687-688.) “On direct appeal, a conviction will be reversed for ineffective assistance only if (1) the record affirmatively discloses counsel had no rational tactical purpose for the challenged act or omission, (2) counsel was asked for a reason and failed to provide one, or (3) there simply could be no satisfactory explanation. All other claims of…