When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights?
California, United States of America
The following excerpt is from People v. Miller, F061962 (Cal. App. 2012):
When sentencing a criminal defendant, a trial court may not rely on a prior felony conviction obtained in violation of the defendant's constitutional rights. (People v. Allen (1999) 21 Cal.4th 424, 426-427.) Thus, for example, a criminal defendant can
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