Ganyo

On August 4, 1975, appellant entered a plea of guilty to a violation of Vehicle Code section 23102, subdivision (a) (driving a vehicle while under the influence of intoxicating liquor) in the Justice Court for the Marysville Judicial District of Yuba County.

On January 29, 1976, she was charged with violating the same code section in the Municipal Court for the Fresno Judicial District, in which proceeding the Marysville conviction was charged as a prior. Appellant moved to strike the Marysville conviction in the Fresno Municipal Court, which motion was denied. She thereupon petitioned the superior court for a writ of mandate directing the municipal court to grant her motion to strike the prior Marysville conviction. The superior court denied the writ, and she has appealed.

Since as a result of the charge in the Municipal Court for the Fresno Judicial District appellant is subject to the enhanced punishment which may be imposed upon a second or subsequent violation under Vehicle Code section 23102 and to the severe sanctions involving lengthy driver’s license suspension imposed by the Department of Motor Vehicles pursuant to Vehicle Code section 13352, she may bring a…

I concur and believe that a few additional comments are in order. The record shows on its face in this case an express waiver of constitutional rights by the appellant. While that record is not conclusive and is subject to challenge, in the instant case appellant does not set forth adequate factual allegations contradicting the record. As the principal opinion points out, “a docket entry is still an acceptable, though not the most desirable, method of recording such advisements and waivers.” However, with all of the challenges being made throughout the state on priors, I believe that in the absence of a verbatim record of the proceedings (by court reporter or by mechanical means) the court should preserve an accurate record of the proceedings by requiring the defendant to sign an appropriate form and initial as to each specified right being waived, along the lines set out in the appendix to Mills v. Municipal Court (1973) 10 Cal.3d 288, 307, 312-313 [ 110 Cal.Rptr. 329 , 515 P.2d 273 ] (see discussion in Stewart v. Justice Court (1977) 74 Cal.App.3d 607, 611-612 [ 141 Cal.Rptr. 589 ]; see also ABA Standards for Crim. Justice, Pleas of Guilty, commentary to std. 1.7 at pp. 34-36…

BROWN (G.A.), P.J.

On August 4, 1975, appellant entered a plea of guilty to a violation of Vehicle Code section 23102, subdivision (a) (driving a vehicle while under the influence of intoxicating liquor) in the Justice Court for the Marysville Judicial District of Yuba County.

On January 29, 1976, she was charged with violating the same code section in the Municipal Court for the Fresno Judicial District, in which proceeding the Marysville conviction was charged as a prior. Appellant moved to strike the Marysville conviction in the Fresno Municipal Court, which motion was denied. She thereupon petitioned the superior court for a writ of mandate directing the municipal court to grant her motion to strike the prior Marysville conviction. The superior court denied the writ, and she has appealed.

(1) Since as a result of the charge in the Municipal Court for the Fresno Judicial District appellant is subject to the enhanced punishment which may be imposed upon a second or subsequent violation under Vehicle Code section 23102 and to the severe sanctions involving lengthy driver's license suspension imposed by the Department of Motor Vehicles pursuant to Vehicle Code section…