California Court of Appeal

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People v. Gandy, 264452

In an appeal following defendant's no contest plea, in which he admitted a prior strike, Pen. Code sections 667(b)-(i) and 1170.12(a)-(d), based on three out-of-state felony convictions, the sentence and conviction are affirmed where over defendant's contention that he did not voluntarily and intelligently waive his Boykin-Tahl rights (the right to a jury trial, the right to confront witnesses, and the privilege against self-incrimination) when he pleaded no contest in the prior Oregon proceeding, and therefore the prior convictions cannot be used to enhance his sentence in this case, where: 1) defendant may not collaterally attack a prior out-of-state conviction without demonstrating that 'Tahl-like requirements operated in the jurisdiction at the time of the plea.' People v. Green (2000) 81 Cal.App.4th 463, 471; and 2) defendant did not meet this burden.

Appellate Information

  • Decided
  • Published 2017/03/29




  • California Court of Appeal