Hartman

Appellant was charged with misdemeanor drunk driving in violation of section 23102 of the Vehicle Code in a complaint which also charged a prior conviction of a violation of section 23102. Appellant moved to strike the prior conviction on constitutional grounds. The municipal court denied his motion. Appellant’s petition for writ of mandate in the superior court was denied. He appeals.

Even prior to the pronouncement in Mills v. Municipal Court (1973) 10 Cal.3d 288 [ 110 Cal.Rptr. 329 , 515 P.2d 273 ], at least two Court of Appeal decisions had concluded that the Boykin-Tahl (Boykin v. Alabama (1969) 395 U.S. 238 [ 23 L.Ed.2d 274 , 89 S.Ct. 1709 ]; In re Tahl (1969) 1 Cal.3d 122 [ 81 Cal.Rptr. 577 , 460 P.2d 449 ]) requirement of an explicit “on the record” waiver of a defendant’s constitutional rights was applicable to the acceptance of all guilty pleas—felonies and misdemeanors—whenever the defendant appeared before the court either in person or by counsel. (Cooper v. Justice Court (1972) 28 Cal.App.3d 286 [ 104 Cal.Rptr. 543 ] [hg. den.]; In re Gannon (1972) 26 Cal.App.3d 731 [ 103 Cal.Rptr. 224 ].) It had also been recognized that “when a defendant appears in court…