- April 14, 2017
- by Ben Adams
The criminal defense attorney at Adams Fietz in Santa Rosa CA have reviewed the case of People v. Bechtol. This case arose in the Sonoma County Superior Court. The issue in this case was that in Garcia v. Superior Court (1997) 14 Cal.4th 953 (Garcia), the California Supreme Court determined that a criminal defendant could not move to strike a prior conviction, alleged as an enhancement in a pending proceeding, on the basis of ineffective assistance of counsel in the earlier case. The appellant argued that Vehicle Code section 41403 permitted him to move to strike his earlier felony conviction despite Garcia. The Court disagreed and concluded that section 41403 does not independently authorize such challenges, but simply sets forth the procedural rules to be used for those challenges that are otherwise authorized.
If you have been charged with a DUI in Sonoma County, call the criminal defense attorneys at Adams Fietz for a free consultation.