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PEOPLE v. SUMSTINE

Docket No. Crim. 23438.

36 Cal.3d 909 (1984)

687 P.2d 904

206 Cal. Rptr. 707

THE PEOPLE, Plaintiff and Respondent, v. JAMES SUMSTINE, Defendant and Appellant.

Supreme Court of California.

September 17, 1984.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Nancy Ann Stoner, Deputy State Public Defender, for Defendant and Appellant.

Wilbur F. Littlefield, Public Defender (Los Angeles), Laurence A. Sarnoff and Chloris A. deBrauwere, Deputy Public Defenders, as Amici Curiae on behalf of Defendant and Appellant.

John K. Van de Kamp, Attorney General, Robert R. Anderson and Christine C. Franklin, Deputy Attorneys General, for Plaintiff and Respondent.

Thomas W. Sneddon, Jr., District Attorney (Santa Barbara), and Gerald McC. Franklin, Senior Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

MOSK, J.

This case presents the issue whether a defendant whose sentence has been enhanced because he suffered a prior conviction may collaterally attack the validity of that conviction by moving to strike on the ground of a Boykin/Tahl violation.

In Boykin v. Alabama (1969) 395 U.S. 238 [23 L.Ed.2d 274, 89 S.Ct. 1709]...

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