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PEOPLE v. WALKER

No. D035890.

106 Cal.Rptr.2d 720 (2001)

88 Cal.App.4th 1022

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

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

Rehearing Granted May 16, 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, for Defendant and Respondent.

Rehearing Granted May 16, 2001. See 107 Cal.Rptr.2d 264

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...

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