California, United States of America
The following excerpt is from People v. Whitehurst, E043665 (Cal. App. 3/27/2008), E043665 (Cal. App. 2008):
Defendant's challenge to the constitutional validity of the prior conviction is not properly challenged in this appeal. (People v. Breckenridge (1992) 5 Cal.App.4th 1096, 1101.) The federal Constitution does not authorize a criminal defendant to move in the trial court to strike an alleged prior state felony conviction unless he or she was denied the right to counsel in the prior proceeding. (Custis v. United States (1994) 511 U.S. 485, 497 [114 S.Ct. 1732, 128 L.Ed.2d 517].) By accepting the plea bargain and admitting the prior conviction, defendant waived any legal challenges to its validity and the admission means there is no record of it for us to review. (People v. LaJocies (1981) 119 Cal.App.3d 947, 956-957.)
Defendant argues that he only waived his right to a jury "on the case" but not as to the strike allegation. This assertion is contradicted by the record, which shows his plea agreement specifically included a term requiring that he admit the strike, and he initialed the boxes indicating he waived all constitutional rights relating to a trial on the prior convictions as well as the current case. Further, the admission of the strike prior, and the doubling effect it would have on the stipulated sentence, were integral parts of the plea agreement. As such, a certificate of probable cause is required to make the appeal operable. (People v. Panizzon (1996) 13 Cal.4th 68, 79.)
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