Salazar

Appellant Teofilo Orlando Salazar appeals from a judgment of the Superior Court of Orange County denying him a writ of mandate to compel the municipal court to vacate his conviction of misdemeanor drunk driving (Veh. Code, § 23102,. subd. (a)) entered November 30, 1970, on his plea of guilty while in pro. per. He suffered two more convictions under the same statute, on April 27, 1971, and on May 2, 1973. On his third offense, the Department of Motor Vehicles revoked his driver’s license for three years. On appellant’s motion the municipal court set aside the 1971 conviction but refused to vacate the 1970 conviction. Appellant brought this proceeding by petitioning the superior court for a writ of mandate, alleging the 1970 conviction was invalid because the record did not contain direct evidence that the trial court had inquired into the factual basis for the plea or had advised appellant of certain constitutional rights.

The only evidence before the superior court consisted of the municipal court docket sheets bearing handwritten notations made by the trial judge, and a so-called “Tahl” waiver form signed and initialed by appellant. On the basis of this evidence, the…