Buggs

Defendant appeals from an order denying his petition for a writ of error corain nobis. He contends that his petition should have been granted and he should have been permitted to withdraw his plea of guilty in a prior proceeding.

The facts are not in dispute. In February 1966, appellant was charged with first degree burglary (Pen. Code, § 459). At this time, appellant was represented by counsel. After originally entering a plea of not guilty, appellant, after consulting with his counsel and the court, entered a plea of guilty. At the time of the change of plea, the trial court ascertained that the change was made only after appellant had consulted with his counsel and that there had been no threats or promises of any kind. Thereafter, the court asked appellant: “And you are entering a plea to Count One which charges you with the crime of burglary, entering the premises described with the intent to commit theft, because you are guilty of that ? ’ ’ Appellant did not understand the question and hesitated to answer it, although he wished to enter a plea of guilty. The court then asked: “Are you entering a plea of guilty to Count One because you are guilty of it?” Appellant answered…