Does a prior conviction of assault on a police officer have to be struck from the record?
California, United States of America
The following excerpt is from People v. Cunningham, 108 Cal.Rptr.2d 291, 25 Cal.4th 926, 25 P.3d 519 (Cal. 2001):
On the basis of the present record, we cannot conclude as a matter of law that trial counsel in the present case unreasonably failed to obtain the required oral transcripts of the prior conviction, or necessarily should have moved to strike the prior conviction. Factual matters underlying such issues, including counsel's explanation for their actions, properly may be explored through a petition for writ of habeas corpus. (People v. Diaz, supra, 3 Cal.4th 495, 557-558, 11 Cal.Rptr.2d 353, 834 P.2d 1171.)
3. Trial court's admission of prior conviction of assault on a police officer
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