Cooper

Roy Boody Cooper appeals from a judgment discharging an alternative writ of mandamus directed against the Justice Court of El Centro Judicial District, which proposed to invalidate the conviction of the appellant of misdemeanor drunk driving (Veh. Code, § 23102, subd. fa)).

On April 23, 1969, the appellant was arrested in Imperial County for misdemeanor drunk driving. On the following day he was arraigned before Judge Hugh L. Keating in the Justice Court, El Centro Judicial District. At that time he was advised of his constitutional rights and entered a plea of not guilty to the charge.

On May 23, 1969, Judge Keating was disqualified from trying the case and subsequently the appellant, represented by a different attorney, appeared before Judge Alfred Dart for trial. At that time he withdrew his earlier plea and entered a plea of guilty.

The record does not indicate that the appellant was advised of his rights in accordance with Boykin v. Alabama, 395 U.S. 238 [ 23 L.Ed.2d 274 , 89 S.Ct. 1709 ], and that he expressly waived those rights.

Appellant was sentenced to pay a fine of $300 ($100 suspended), and to serve 30 days in the county jail (totally suspended). He was…