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PEOPLE v. GREEN

No. F029122.

96 Cal.Rptr.2d 811 (2000)

81 Cal.App.4th 463

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

Court of Appeals of California, Fifth District.

Review Denied September 20, 2000.

Attorney(s) appearing for the Case

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

Daniel E. Lungren and Bill Lockyer, 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. We hold that a defendant may not collaterally attack a prior out-of-state conviction on Boykin/Tahl1 grounds in the absence of evidence that the convicting jurisdiction required Tahl-Like procedural formalities.

STATEMENT OF THE CASE

On April 29, 1996, appellant Donald J. Green...

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