Gandy

*1290 Defendant Anthony Edward Gandy appealed following his no contest plea, in which he admitted a prior strike based on three out-of-state felony convictions. Before entering his plea defendant moved to dismiss his prior convictions, which resulted from his no contest plea in 2001 to burglary and robbery charges in Oregon, on the ground they were obtained in violation of his constitutional rights under Boykin - Tahl . 1 On appeal, defendant argued he did not voluntarily and intelligently waive his rights when he pleaded no contest in the Oregon proceeding, and therefore the prior convictions could *1291 not be used to enhance his sentence. In our original opinion, we held that defendant could not collaterally attack his prior out-of-state convictions because " Tahl -like requirements" did not operate in Oregon at the time of his prior pleas. (See People v. Green (2000) 81 Cal.App.4th 463 , 471, 96 Cal.Rptr.2d 811 ( Green ).) We also held, in the alternative, that defendant's plea was voluntary and intelligent under the totality of the circumstances.

In his petition for rehearing defendant argued that Oregon's plea requirements are substantially similar to those of California…