People v. Soto

Opinion

JOHNSON, J.

In this case we hold a defendant in a noncapital case may move to strike a prior conviction on Boykin/Tahl grounds notwithstanding the decision in Custis v. United States abolishing this remedy in the federal courts. However, defendant failed to meet his burden of establishing he did not knowingly and intelligently waive his right to a jury trial before pleading guilty in the prior proceeding. Therefore, we reverse the order striking the allegation of the prior robbery conviction and remand the cause to the superior court for further proceedings.

*1600Facts and Proceedings Below

The…