California Court of Appeal

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People v. Almanza, H039779

In this case involving the alleged ineffective assistance of defense counsel, conviction and sentence of defendant for various counts of engaging in forcible and non-forcible lewd or lascivious acts on a child under age 14 is affirmed, where: 1) because defense counsel was not representing two or more defendants concurrently, under People v. Doolin's bright-line rule the Strickland prejudice standard must be applied to his claim; and 2) defendant cannot prevail under the traditional Strickland prejudice standard, as it speaks of reasonable probabilities, not of possibilities, and although it is possible that the outcome may have differed absent the conflict of interest, there is no reasonable probability of a different outcome.

Appellate Information

  • Decided 01/29/2015
  • Published 01/29/2015

Judges

  • Rushing

Court

  • California Court of Appeal

Counsel