Torres

This is an appeal from a judgment of the Humboldt County Superior Court, following a plea of guilty to one count of a complaint, a dismissal of a second count, and the certification of the cause to the superior court for further proceedings.

Appellant had been represented in the justice’s court by the public defender and when he appeared in the superior court, pursuant to the certificate, the public defender’s appointment was continued. The court inquired if, as represented by the record before it, the defendant’s plea of guilty had been entered in the justice’s court and was assured by defendant’s counsel that the record was correct. The matter was then referred to the probation officer for a report and further proceedings were set for a later date. On the date set, the follow *447 ing occurred: “Mb. Monette [counsel for Defendant] :... At this time due to the following circumstances I wish to make a motion to have this referred back to the Justice Court for the purpose of changing his plea. The day before the preliminary was set I was called and notified by the County Detective that he wished to plead, and I said I advised him not to do that, to go ahead with the preliminary,…