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)
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GARCIA v. SUPERIOR COURT
Docket No. S050827.
14 Cal.4th 953 (1997)
DAVID JOHN GARCIA, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.
Supreme Court of California.https://leagle.com/images/logo.png
January 9, 1997.
January 9, 1997.
Attorney(s) appearing for the Case
Brian Ducker, Alternate Public Defender, and Kevin J. Phillips, Deputy Alternate Public Defender, for Petitioner.
Jay B. Gaskill, Public Defender (Alameda) and Michael Ogul, Assistant Public Defender, as Amici Curiae on behalf of Petitioner.
No appearance for Respondent.
Michael R. Capizzi, District Attorney, Maurice L. Evans, Chief Assistant District Attorney, and James J. Mulgrew, Deputy District Attorney, for Real Party in Interest.
Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, John R. Gorey and Lance E. Winters, Deputy Attorneys General, Gil Garcetti,
Supreme Court of California.
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