What is the state attorney general's position on the voluntariness of prior convictions?

California, United States of America


The following excerpt is from People v. Rizo, 61 Cal.App.4th 573, 71 Cal.Rptr.2d 649 (Cal. App. 1998):

Defendant contends either he adequately moved for an evidentiary hearing or counsel was ineffective in failing to so move. He asserts that in either case the matter must be remanded for an evidentiary hearing on the voluntariness of his pleas in his prior convictions. The Attorney General urges that defendant's attempted collateral attack on his prior convictions is now precluded by Garcia v. Superior Court, supra, 14 Cal.4th 953, 59 Cal.Rptr.2d 858, 928 P.2d 572. We agree.

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