People v. Walker

Opinion

HUFFMAN, J.

This case requires us to determine whether a trial judge may 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 Boykin-Tahl 1 rights, even in the absence of a challenge on that ground by the defendant. After rehearing, 2 we conclude the prosecution is not required to prove, as an element of the “truth of a prior conviction” the validity of the underlying change of plea, because such challenge can only be made pursuant to the procedures set forth in People v. Sumstine (1984)…