In re Dean

In this habeas corpus proceeding, applicant asserts that his waiver of counsel was not intelligently made. He was charged with driving an automobile while his license was suspended, a misdemeanor (Veh. Code, § 14601), and with four prior convictions of the same offense.

When he appeared for arraignment, the court advised all defendants in the courtroom of their rights to counsel, to trial by jury, and to speedy trial. When applicant’s case was called, he was asked if he had heard these *266 instructions and understood them. To each question, he answered “yes.” The court then advised him “This is a very serious offense. You have four prior convictions. You are going to jail if you are convicted,” and defendant answered “I realize that.” Nonetheless, he again specifically waived his right to counsel, pleaded guilty, and was sentenced to one year in county jail, on work furlough. Defendant appealed to the appellate department of the superior court, which affirmed the judgment. This petition for habeas corpus followed. We issued an order to show cause and ordered defendant’s release on bail pending determination of the issue.

We recognize fully the elements which the…