Post-Conviction Relief for Immigrants



 
 

§ 7.115 (B)

 
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(B)  Sentence Based on Prior Conviction Resulting From Denial of Other Rights.  Post-conviction relief may be used to attack a sentence enhanced by convictions that are unconstitutional on grounds other than complete denial of the right to counsel.  Custis restricts how the defense can establish this, but does not undercut the right to have a sentence vacated if a proper post-conviction proceeding establishes that the prior conviction violated the Constitution.[408]


[408] Garcia v. Superior Court, 14 Cal.4th 953, 962 (1997); People v. Allen, 21 Cal.4th 424, 432 (1999); see Nichols v. United States, 511 U.S. 738, 765 (dis. opn. of Ginsberg, J.) (the issue in Custis “was where, not whether, the defendant could attack a prior conviction for constitutional infirmity”).)

 

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