Zimmerman

The People appeal an order of the superior court granting the petition of Allen Sheldon Zimmerman (defendant below) for a writ of mandate directing the municipal court to declare invalid his prior conviction for driving under the influence of alcohol. (Veh. Code, § 23102, subd. (a).)

Facts

On April 26, 1976, defendant Zimmerman appearing without counsel entered a plea of guilty to charges of driving under the influence of alcohol pursuant to section 23101, subdivision (a). The transcript discloses that immediately prior to his plea he was informed of the constitutional rights he was giving up including, inter alia, the right to remain silent, to a jury trial, to confront and cross-examine adverse witnesses, and to have counsel or court-appointed counsel. He indicated that he freely and voluntarily gave up these rights; that he understood the maximum penalty was six months in jail and a $500 fine; that he understood the terms and conditions of probation; and that he knew that in case he violated any one of these terms the maximum sentence could be imposed.

The entry in the court docket shows that defendant Zimmerman was in addition advised of the possible defenses…