California, United States of America
The following excerpt is from People v. La Fargue, 147 Cal.App.3d 878, 195 Cal.Rptr. 438 (Cal. App. 1983):
Coffey also requires that any constitutional attack specify the grounds and be made at the earliest opportunity. (People v. Coffey, supra, 67 Cal.2d 204, 215, 60 Cal.Rptr. 457, 430 P.2d 15.) In this case the earliest opportunity to attack the prior conviction was at the sentencing hearing. Appellant's trial counsel was apparently unaware of it, having asked the court to mitigate sentence based upon the absence of prior convictions. The district attorney also made no reference to the Cuban conviction in outlining the factors she relied upon to request aggravation. But for the reference in the probation report, apparently the issue would not have been raised.
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