PEOPLE v. HARTY

Docket No. A023888.

173 Cal.App.3d 493 (1985)

219 Cal. Rptr. 85

THE PEOPLE, Plaintiff and Respondent, v. MITCHELL NEWMAN HARTY, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

October 21, 1985.


Attorney(s) appearing for the Case

COUNSEL

Edie Sussman, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Thomas A. Brady and Stan M. Helfman, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

CHANNELL, J.

The primary issue before this court is whether the trial court erred in denying appellant's motion to strike a prior conviction alleging a Boykin-Tahl violation. Had his prior conviction been declared invalid, appellant argues he could not have been convicted of being a felon in possession of a firearm, nor could his sentence have been enhanced. We conclude that even assuming a Boykin-Tahl

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