Gandy
People v. Gandy
Opinion
Lead Opinion
Epstein, J.
Defendant Anthony Edward Gandy appeals following his no contest plea, in which he admitted a prior strike (Pen. Code, §§ 667, subds. (b) -(i), 1170.12, subd. (a) -(d) ) 1 based on three out-of-state felony convictions. Before he entered his plea, defendant moved to dismiss his prior felony convictions, which resulted from his no contest plea in 2001 to burglary and robbery charges in Oregon, on the ground that those convictions were obtained in violation of his constitutional rights under Boykin -Tahl .
Defendant contends he did not voluntarily and intelligently waive his Boykin - Tahl rights (the right to a jury trial, the right to confront witnesses, and the privilege against self-incrimination) when he pleaded no contest in the Oregon proceeding, and therefore the prior convictions cannot be used to enhance his sentence in this case. However, defendant may not collaterally attack a prior out-of-state conviction without demonstrating that " Tahl -like requirements operated in the jurisdiction *898 at the time of the plea." ( People v. Green (2000) 81 Cal.App.4th 463 , 471, 96 Cal.Rptr.2d 811 ( Green ).) Defendant did not meet this burden. We also find that his plea was…