Does ineffective assistance of counsel include a right to challenge the constitutionality of a prior conviction?
California, United States of America
The following excerpt is from People v. Homick, 150 Cal.Rptr.3d 1, 289 P.3d 791, 55 Cal.4th 816 (Cal. 2012):
The Attorney General contends that the right to challenge the constitutionality of a prior conviction does not include a claim of ineffective assistance of counsel. He relies on Garcia v. Superior Court (1997) 14 Cal.4th 953, 59 Cal.Rptr.2d 858, 928 P.2d 572, a noncapital case in which we so held. We explained: Compelling a trial court in a current prosecution to adjudicate this type of
[289 P.3d 850]
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