People v. Bechtol
10 Cal. App. 5th 950
| Cal. Ct. App. | 2017Background
- In 2015 Bechtol was charged with two DUI offenses alleged to be within 10 years of a 2006 felony DUI conviction.
- Bechtol moved under Vehicle Code § 41403 to strike the 2006 conviction as constitutionally invalid, asserting ineffective assistance of counsel in the prior case.
- The trial court denied the § 41403 motion as unauthorized without reaching the ineffective-assistance merits; Bechtol pled guilty and obtained a certificate of probable cause to appeal.
- Section 41403 prescribes procedures for hearings to determine whether certain prior convictions (DUI and related offenses) entered in separate proceedings are constitutionally invalid, including notice, an out-of-jury hearing, and burdens of production and proof.
- The court considered whether § 41403 itself authorizes collateral constitutional attacks on prior convictions (including ineffective-assistance claims), or merely prescribes procedures for challenges authorized elsewhere.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Vehicle Code § 41403 independently authorizes collateral attacks on enumerated prior convictions (including on ineffective-assistance grounds) | § 41403 authorizes defendants to challenge prior convictions under its terms | Bechtol: § 41403 permits moving to strike the prior conviction for ineffective assistance despite Garcia | § 41403 does not independently authorize such challenges; it prescribes procedures for challenges otherwise authorized; Garcia forbids collateral attacks based on ineffective assistance in a subsequent prosecution |
Key Cases Cited
- People v. Coffey, 67 Cal.2d 204 (Cal. 1967) (judicially authorized collateral attack on prior convictions in current trial and described hearing mechanics)
- Garcia v. Superior Court, 14 Cal.4th 953 (Cal. 1997) (held ineffective-assistance claims to invalidate prior convictions may not be raised in subsequent prosecution)
- People v. Allen, 21 Cal.4th 424 (Cal. 1999) (characterized Coffey rule as judicially established criminal-procedure rule)
- People v. Sumstine, 36 Cal.3d 909 (Cal. 1984) (recognized defendant may move to strike a prior conviction on Boykin/Tahl grounds)
- Custis v. United States, 511 U.S. 485 (U.S. 1994) (federal rule limiting collateral challenges in subsequent prosecutions to Gideon-type errors)
- Gideon v. Wainwright, 372 U.S. 335 (U.S. 1963) (right to counsel foundational to certain collateral challenges)