People v. Havili CA3

DISCUSSION

Defendant contends trial counsel rendered ineffective assistance of counsel by failing to request CALCRIM No. 372, the flight instruction, be modified to specify that “the crime” referred to in the instruction was the crime charged in the instant case and not any other crime about which the jury heard testimony. Defendant further contends trial

2 counsel rendered ineffective assistance of counsel by failing to request a limiting instruction regarding his prior conviction in Arizona. We disagree. To establish a claim of ineffective assistance of counsel, defendant must prove that (1) trial counsel’s representation was deficient because it fell below an objective standard of reasonableness under prevailing professional norms, and (2) 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 [80 L.Ed.2d 674, 693].) “Prejudice is shown when there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.” (People v.…