PEOPLE v. ALLEN

No. S054125.

87 Cal.Rptr.2d 682 (1999)

981 P.2d 525

21 Cal.4th 424

The PEOPLE, Plaintiff and Respondent, v. Sherman ALLEN, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied October 6, 1999.


Attorney(s) appearing for the Case

Harvey L. Goldhammer, Glendale, under appointment by the Supreme Court, for Defendant and Appellant.

Michael P. Judge, Public Defender, Alex Ricciardulli and Albert J. Menaster, Deputy Public Defenders, for Los Angeles County Public Defender's Office as Amicus Curiae on behalf of Defendant and Appellant.

Michael S. Ogul, Oakland, for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Kenneth C. Byrne, Sanjay T. Kumar, Lance E. Winters, Pamela C. Hamanaka, Susan C. Diamond and Scott Taryle, Deputy Attorneys General, for Plaintiff and Respondent.


WERDEGAR, J.

We held in People v. Sumstine (1984) 36 Cal.3d 909, 206 Cal.Rptr. 707, 687 P.2d 904 (Sumstine) that a criminal defendant, charged with having suffered a prior felony conviction, may move in the trial court to strike the alleged prior conviction on the ground the trial court in...

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