What is the test for a motion to strike pre-trial priors in a murder case?

The record shows that real party's prior murder conviction was affirmed on appeal. (People v. Gaulden (1974) 36 Cal.App.3d 942, 111 Cal.Rptr. 803.) A reference to that opinion shows conclusively that real party was represented by counsel at his trial for murder. Moreover, the issue of competency of his counsel was raised on appeal, and the court found no incompetency of counsel in the constitutional sense. (People v. Gaulden, supra, at pp. 952--953, 111 Cal.Rptr. 803.) We hold that a claim of incompetency of counsel may not be raised in a pretrial motion to strike priors. To sanction review of renewed claims of ineffective assistance of counsel in a pretrial hearing on a motion to strike priors alleged in new and different prosecutions would result in intolerable delays and completely frustrate the goal of a speedy trial on the new charges. ¹