People v. Jones CA4/1

DISCUSSION

I Ineffective Assistance of Counsel A. Standard of Review and Guiding Principles A criminal defendant has a constitutional right to effective assistance of counsel. (U.S. Const., 6th Amend.; Cal. Const., art. I, § 15; Strickland v. Washington (1984) 466 U.S. 668, 684–685 (Strickland).) To prove ineffective assistance, the appellant first must show that their attorney performed below the standard of reasonableness under prevailing professional norms; and second, there is a reasonable probability that but for this substandard performance, the result of the proceeding would have been more favorable to appellant. (Strickland, at pp. 686–688; People v. Mai (2013) 57 Cal.4th 986, 1009; People v. Brand (2021) 59 Cal.App.5th 861, 871–872 (Brand).) “It is defendant’s burden to demonstrate the inadequacy of trial counsel.” (People v. Lucas (1995) 12 Cal.4th 415, 436.) An insufficient showing on either

We understand that the words “IF” and “AS” repeated throughout sub- condition 7(d) to create a requirement for the term it accompanies only if probation found these terms appropriate and directed Jones to follow them. This was necessary because the record shows “Jones did…