Ivy

In a nonjury trial defendant was convicted of two counts of selling heroin. (Health & Saf. Code, § 11500.) He appeals from the judgment.

At the time of his arraignment defendant pleaded not guilty to the two counts charged in the information. Thereafter, defendant, with counsel present, pleaded guilty to count I.* At that time at defendant’s request further proceedings as to count I and disposition of count II were continued. Later defendant, with counsel present, withdrew the plea of guilty to count I and pleaded not guilty thereto. The trial was had, and defendant was found guilty as charged in both counts.

Defendant testified in his own behalf and denied selling heroin, as charged in count I. In the course of his direct examination the following occurred: “The Court: Now, on June 10th you appeared before me? The Dependant: Yes, sir, I did. The Court : At that time I asked you whether or not you were guilty of Count II which charges the sale of this particular-Mr. Chandler : Pardon me, I believe that was Count I. The Court: Count I? The Witness: Yes, sir. The Court: You told me you were guilty of that charge? The Witness : Yes, sir. The Court : Why did you tell me you were…