Green
People v. Green
Opinion
Opinion
DIBIASO, Acting P.J.
The trial court denied appellant's motion to strike his prior Texas murder conviction. Applying People v. Allen (1999) 21 Cal.4th 424 , 87 Cal.Rptr.2d 682 , 981 P.2d 525 , we hold a defendant may not challenge a prior out of state conviction on Boykin/Tahl [1] grounds in the absence of evidence that the convicting jurisdiction required Tahl -like procedural formalities.
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 pursuant to Penal Code section 12022.7 that, during the commission of the offense, appellant inflicted great bodily injury. In addition, the information alleged appellant had suffered a 1978 serious felony conviction for murder in the state of Texas, within the meaning of section 667, subdivision (d) and section 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…