In re Christensen CA4/3

FACTS

Petitioner also has filed an appeal from the judgment against him (People v. Scott Andrew Christensen (Sept. 10, 2014, G048615, G048616) __ Cal.App.4th __ (Companion Appeal). The facts of this case are set forth more fully in the opinion in the Companion Appeal, being filed concurrently herewith. II

DISCUSSION

A. Request for Judicial Notice: In the body of his petition, petitioner requests this court to take judicial notice of the record in the Companion Appeal. That request does not comply with California Rules of Court, rule 8.252. (Kinney v. Overton (2007) 153 Cal.App.4th 482, 497, fn. 7.) However, by order of July 18, 2014, we notified the prosecution that this court, on its own motion, intended to take notice of the record in the Companion Appeal. No objection having been received, we hereby take judicial notice of the record in the Companion Appeal.

2 B. General Principles: “The legal principles relevant to [a] claim [of ineffective assistance of counsel] are well settled. ‘To establish ineffective assistance of counsel, a petitioner must demonstrate that (1) counsel’s representation was deficient in falling below an objective standard of reasonableness under…