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PEOPLE v. GREEN

No. F029122.

89 Cal.Rptr.2d 613 (2000)

75 Cal.App.4th 1002

The PEOPLE, Plaintiff and Respondent, v. Donald J. GREEN, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Review Granted February 16, 2000.

Attorney(s) appearing for the Case

Catherine Aragon, Tempe, AZ, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George H. Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Margaret Venturi and Susan J. Orton, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

DIBIASO, Acting P.J.

The trial court denied appellant's motion to strike his prior Texas murder conviction. Applying People v. Allen (1999) 21 Cal.4th 424, 87 Cal.Rptr.2d 682, 981 P.2d 525, we hold a defendant may not challenge a prior out of state conviction on Boykin/Tahl1 grounds...

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