People v. Harty
California Court of Appeal
1Opinion of the Court
Opinion
CHANNELL, J.
The primary issue before this court is whether the trial court erred in denying appellant’s motion to strike a prior conviction alleging a Boykin-Tahl violation. Had his prior conviction been declared invalid, appellant argues he could not have been convicted of being a felon in possession of a firearm, nor could his sentence have been enhanced. We conclude that even assuming a Boykin-Tahl violation, appellant did not allege nor does the record show that he was prejudiced by his failure to explicitly waive his trial rights at the time of his earlier guilty plea. We…
2Cases cited31 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- United States v. TuckerSupreme Court of the United States · 1972
- Burgett v. TexasSupreme Court of the United States · 1967
- Lewis v. United StatesSupreme Court of the United States · 1980
- Neal v. State of CaliforniaCalifornia Supreme Court · 1960
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3Cited by23 opinions
- People v. HayesCalifornia Supreme Court · 1990
- People v. AllenCalifornia Supreme Court · 1999
- James Pettaway v. Charles Plummer, Sheriff of Alameda CountyCourt of Appeals for the Ninth Circuit · 1991
- People v. McFaddenIllinois Supreme Court · 2016
- State v. LobendahnHawaii Supreme Court · 1989
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