California Court of Appeal

A trial judge may not find an alleged prior conviction "not true" based on the trial judge's personal belief the prosecution should have to prove the validity of the waiver of constitutional rights in prior conviction, in the absence of a challenge on that ground by the defendant.

Appellate Information

• Decided 05/23/2001
• Published 05/23/2001

Judges

• HUFFMAN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Paul J. Pfingst, District Attorney, Thomas F. McArdle and Josephine A. Kiernan, Deputies District Attorney, for Plaintiff and Appellant.


• For Appellees:
  
• Gregory L. Cannon, under appointment by the Court of Appeal, for Defendant and Respondent.