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PEOPLE v. WALKER

No. D035890.

107 Cal.Rptr.2d 264 (2001)

89 Cal.App.4th 380

The PEOPLE, Plaintiff and Appellant, v. David Jerome WALKER, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

Review Denied August 29, 2001.

Attorney(s) appearing for the Case

Paul J. Pfingst, District Attorney, Thomas F. McArdle and Josephine A. Kiernan, Deputies District Attorney, for Plaintiff and Appellant.

Gregory L. Cannon, under appointment by the Court of Appeal, for Defendant and Respondent.

HUFFMAN, J.

This case requires us to determine whether a trial judge may find an alleged prior conviction "not true" based on the trial judge's personal belief the prosecution should have to prove the validity of the waiver of Boykin-Tahl1 rights, even in the absence of a challenge on that ground by the defendant. After rehearing,2 we conclude the prosecution is not required to

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