Buller

In January 1978, defendant was charged with a violation of section 23102, subdivision (a) of the Vehicle Code—driving under the influence of alcohol. The complaint charged four prior convictions of the same offense. Defendant pleaded guilty, admitted one of the charged priors and filed motions to strike the other three. The motions were denied. Under the compulsion of these rulings defendant then admitted all the priors. The appeal challenges only the validity of the court’s ruling with relation to the three contested priors.

Discussion

The first two of the challenged prior convictions—suffered in 1971 and 1973 respectively—present the same issue. In each case defendant pleaded guilty without being represented by counsel. In each case the only suggestion that he had been advised of the right to counsel is a preprinted form which contains a recital to the effect that defendant had been advised of his rights, including his right to counsel. Below this printed recital is a statement that defendant expressly waived each of four specified rights, including the right to counsel. Next to each right waived is a printed square box and each box is checked off in ink. The…