Lawyer's Failure to Make An Objection In California
'Under both the Sixth Amendment to the United States Constitution and article I, section 15, of the California Constitution, a criminal defendant has the right to the assistance of counsel.
The ultimate purpose of this right is to protect the defendant's fundamental right to a trial that is both fair in its conduct and reliable in its result.
' . . .' "Construed in light of its purpose, the right entitles the defendant not to some bare assistance but rather to effective assistance." '. . . ' "In order to demonstrate ineffective assistance of counsel, a defendant must first show counsel's performance was 'deficient' because his 'representation fell below an objective standard of reasonableness . . . under prevailing professional norms.'
Second, he must also show prejudice flowing from counsel's performance or lack thereof Prejudice is shown where 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.' " ' 'Reviewing courts defer to counsel's reasonable tactical decisions in examining a claim of ineffective assistance of counsel , and there is a "strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance."
Defendant's burden is difficult to carry on direct appeal, . . ."Reviewing courts will reverse convictions on direct appeal on the ground of inadequate counsel only if the record on appeal affirmatively discloses that counsel had no rational tactical purpose for his or her act or omission." ( People v. Sanchez (1997) 58 Cal. App. 4th 1435, 1447-1448 69 Cal. Rptr. 2d 16, italics in original.)
It is well settled that counsel is not ineffective in failing to make an objection when the objection would have likely been overruled by the trial court.
(See, e.g., People v. Osband (1996) 13 Cal. 4th 622, 678 55 Cal. Rptr. 2d 26, 919 P.2d 640 counsel not ineffective in failing to make a futile objection to introduction into evidence a photograph of the crime scene; People v. Sanchez, supra, 58 Cal. App. 4th at p. 1450 counsel not ineffective in failing to object to introduction of the gang evidence likely to be admissible in any event.)