Taylor

Defendant, who is now in the state prison, has taken this appeal from an order of the superior court denying his "motion to vacate a void judgment. ’ ’

The record shows that defendant was orginally charged by an information containing two counts. The first charged grand theft of an automobile in violation of Penal Code, section 487, subdivision 3, and the second count charged that he did unlawfully take an automobile in violation of section 10851 of the Vehicle Code. The public defender was appointed to represent him. Upon arraignment defendant pleaded not guilty to both counts. When the case was called for trial on October 31, 1961, defendant withdrew his plea of not guilty to count II and pleaded guilty thereto. The court ordered a probation officer’s report and continued the case to November 22, 1961. On that day the court denied probation and sentenced defendant to the state prison for the term prescribed by law for the felony to which he had pleaded guilty. Count I was dismissed.

The minutes of November 22 indicate that later in the day defendant’s motion (in propria persona) to restore the ease to the calendar was granted. Defendant then made a motion to withdraw his plea…