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State v. Brown11/20/1989
2064, 80 L.Ed.2d 674]. Appellant must also demonstrate that the deficient performance prejudiced his defense. To establish prejudice, appellant must show that there is a reasonable probability that but for counsels mistakes, the result of the trial would have been different. Strickland, supra."
In this case, although our analysis of the first assignment indicates that plain error existed, we cannot make the quantum leap that counsel's decision not to object was based on ignorance rather than strategy.
In this instance, it is quite arguable that the attorney's failure to object was a deliberate and tactical decision which was made in order not to call undue attention to an already weakened position. It is evident that two of the crimes which were mentioned were properly admissible under the circumstances, and we cannot second-guess the attorney's motivation in not objecting to the other convictions. The fact that we disagree with this decision in hindsight does not mean we can consider such a judgment call as an indication of "deficient performance" on the part of counsel.
The judgment of the trial court is reversed and this matter is remanded for a new trial on the basis of our holding in the first assignment.
Judgment reversed add cause remanded.
JOSEPH E. MAHONEY and FORD, JJ., concur.
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