Garcia v. Superior Court

Opinion

GEORGE, C. J.

In the present case, we must determine whether a criminal defendant who faces enhanced punishment on pending charges because of a prior conviction may challenge the constitutional validity of that prior conviction in the course of the current prosecution on the ground of ineffective assistance of counsel in the prior proceeding. In Custis v. United States (1994) 511 U.S. 485 [128 L.Ed.2d 517, 114 S.Ct. 1732], the United States Supreme Court held that, under the applicable federal sentencing statutes, a criminal defendant may challenge the constitutional validity of a prior…