THE PEOPLE, Plaintiff and Appellant,
v.
ROSARIO SOTO, Defendant and Respondent.
Court of Appeals of California, Second District, Division Seven.https://leagle.com/images/logo.png
June 28, 1996.
June 28, 1996.
Attorney(s) appearing for the Case
COUNSEL
Gil Garcetti, District Attorney, Brentford J. Ferreira and Aaron Singer, Deputy District Attorneys, for Plaintiff and Appellant.
Michael P. Judge, Public Defender, Albert J. Menaster, Debra Werbel and Jack T. Weedin, Deputy Public Defenders, for Defendant and Respondent.
Court of Appeals of California, Second District, Division Seven.
OPINION
JOHNSON, J.
(1) In this case we hold a defendant in a noncapital case may move to strike a prior conviction on Boykin/Tahl grounds notwithstanding the decision in Custis v. United States abolishing this remedy in the federal courts. However, defendant failed to meet his burden of establishing he did not knowingly and intelligently waive his right to a jury trial before pleading guilty in the...
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