Quintor

Alfonso Quintorappeals from a judgment of the Alameda County Superior Court denying his petition for a writ of mandate. We affirm.

Facts

On September 28, 1978, in the Fremont-Newark-Union City Municipal Court (Fremont), appellant entered a plea of guilty to driving while intoxicated. (Veh. Code, § 23102.)

In 1979, appellant was charged in the San Leandro-Hayward Municipal Court (Hayward) with driving while intoxicated and with having suffered the prior conviction in Fremont. On December 28, 1979, appellant moved in Hayward “to vacate and/or set aside” the Fremont prior conviction on the ground that “[t]he prior conviction was based upon a plea of guilty entered by [appellant without] assistance of counsel, and the record fails to demonstrate a knowing,, intelligent and voluntary waiver of [appellant’s] constitutionally guaranteed right to counsel.” On February 8, 1980, the Hayward court denied the motion on the ground that the Fremont plea was not obtained in violation of appellant’s constitutional rights.

On March 19, 1980, the Hayward court granted the district attorney’s motion to strike the Fremont prior conviction from the pleading. *984 On the same day…