Thompson

— From an order of respondent superior court setting aside defendant’s plea of guilty, the People seek relief by both an appeal and petition for writ of mandate. Pursuant to stipulation the briefs filed in the writ proceeding have been deemed the briefs on appeal. Both matters are accordingly treated together in this opinion.

People contend: (1) that respondent court exceeded its jurisdiction in setting aside defendant’s plea of guilty on its own motion after defendant Thompson expressly refused the court’s invitation to so move, and (2) that they are entitled to relief either by way of an appeal or by mandamus.

The defendant was charged in a three-count information with three separate violations of section 487, subdivision 3 of the Penal Code (grand theft auto). On January 9, 1970, defendant pleaded guilty to count 1 and the matter of sentence and disposition of the remaining counts was continued to March 3, 1970. On that date the court heard the testimony of the investigating officer which developed various facts concerning the offense, including that others potentially involved therein had not been filed against by the office of the district attorney.

Following the…