Hunsaker

Defendant was charged with three counts of burglary. He pleaded guilty to the first two counts and the third was dismissed. He also admitted two prior felony convictions which were alleged in the information. The offense was thereupon fixed as first degree with the approval of his counsel; 1 defendant was adjudged an habitual criminal and sentenced to imprisonment in state prison for the term prescribed by law. The sentences were ordered to run concurrently with each other and with any sentence defendant then was serving. He has been at all times represented by counsel of his own choosing and hiring.

His notice of appeal, apparently in an effort to avoid the effect of cases which hold that, in the absence of extraordinary circumstances, an appeal upon the merits will not *477 lie from a judgment based upon a plea of guilty (Stephens v. Toomey, 51 Cal.2d 864, 870 [ 338 P.2d 182 ]; People v. Mullane, 182 Cal.App.2d 765, 768 [ 6 Cal.Rptr. 341 ]; People v. Emigh, 174 Cal.App.2d 392, 393 [ 344 P.2d 851 ]), contains the following: “This appeal is based upon the ground that the trial court had no jurisdiction to accept a plea of Guilty from the Defendant or enter Judgment on the Plea…