People v. Sumstine

*914Opinion

MOSK, J.

This case presents the issue whether a defendant whose sentence has been enhanced because he suffered a prior conviction may collaterally attack the validity of that conviction by moving to strike on the ground of a Boykin/Tahl violation.

In Boykin v. Alabama (1969) 395 U.S. 238 [23 L.Ed.2d 274, 89 S.Ct. 1709], the United States Supreme Court held that even if a defendant is represented by an attorney, a court may not accept a guilty plea from him until it determines both that he is aware of the constitutional rights waived by pleading guilty—namely, the privilege against…