People v. Davis (1980)

In People v. Davis (1980) 103 Cal.App.3d 270, appellant contended the trial court erred in denying his motion to strike his prior robbery conviction where the record failed to demonstrate on its face that when he entered his guilty plea he was advised of or personally waived his constitutional rights. The court concluded that appellant had waived his right to assert that issue for lack of "diligence," stating: "Just as appellant could not now resort to habeas corpus relief as a substitute for appeal absent special circumstance constituting excuse for such failure where the claimed error could have been, but was not, raised upon the timely appeal from the judgment of conviction , he may not do so now for lack of due diligence." ( Id., at p. 276.)