Green

The trial court denied appellant’s motion to strike his prior Texas murder conviction. We hold that a defendant may not collaterally attack a prior out-of-state conviction on Boykin/Tahl grounds in the absence of evidence that the convicting jurisdiction required Tahl-like procedural formalities.

Statement of the Case

On April 29, 1996, appellant Donald J. Green was charged by information filed in Stanislaus County Superior Court with a violation of Vehicle Code section 20001 (failure to stop at the scene of an accident resulting in injury or death). The information further alleged that, during the commission of the offense, appellant inflicted great bodily injury (Pen. Code, § 12022.7). In addition, the information alleged appellant had suffered a 1978 serious felony conviction for murder in the state of Texas, within the meaning of Penal Code sections 667, subdivision (d) and 1192.7, subdivision (c).

On June 21, 1996, appellant’s motion to strike the great bodily injury allegation was granted. On May 2, 1997, appellant’s motion to strike the prior felony conviction, on the ground it was obtained in violation of Boykin/Tahl, was heard and denied. Thereafter, appellant…