Appellant, Lonnie Williams, appeals from the denial of his post-conviction petition by which he sought to withdraw guilty pleas upon two counts of first degree murder, and to plead anew. The guilty plea proceeding occurred on March 29, 1971, and the appellant was sentenced to two terms of life imprisonment.
The sole issue to be considered is whether it must appear on the face of the record of guilty plea proceedings occurring after June 2, 1969 that the defendant was fully advised concerning the constitutional rights which are waived by entering a plea of guilty.
In its findings of fact, the court below stated that the transcripts of the guilty plea and sentencing proceedings are silent as to the advice given Williams concerning his right to confront his accusers and his privilege against self-incrimination. However, relying upon evidence extrinsic to the record of the guilty plea proceedings, the trial court found that from advisement by counsel, Williams knew that he had a right to trial by jury and that witnesses would be called to testify against him and further found that he independently knew of his right to trial by jury and procedures of trial. Upon this basis the trial court concluded that Williams has advised “either by the court or through advise (sic) *375of counsel, of all three of his Boykin constitutional rights, trial by jury, confrontation of witnesses and privilege against self-incrimination.” The trial court further concluded that the guilty pleas, therefore, had been made “knowingly, intelligently and understanding^,” and Williams’ petition was denied.
In Avery v. State, (1976) 265 Ind. 417, 355 N.E.2d 395, this Court was faced with the identical issue. Justice DeBruler said in that case:
“The record of the guilty plea proceedings before us now, contains nothing from which one might conclude that appellant was informed of the right to confront witnesses and to have the benefit of the privilege against compulsory self-incrimination, and as required by the Fifth and Sixth Amendments to the United States Constitution, made applicable to the State of Indiana through the due process clause of the Fourteenth Amendment, upon such record appellant is entitled to withdraw his guilty pleas and to plead anew.”
“* * * The judge in the post-conviction proceeding before us now for review, relied upon Williams in arriving at this conclusion that he would conduct a hearing into the issue of voluntariness after having been presented with a constitutionally deficient plea proceeding record by petition. Such reliance was misplaced.” 355 N.E.2d at 397.
June 2, 1969, is a date of significance because it is when the Supreme Court of the United States decided the case of Boykin v. Alabama, (1969) 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, which imposed the duty to establish a record of guilty plea proceedings sufficient to show that the guilty plea was voluntary and that an informed and understanding waiver of federal constitutional rights had occurred.
Accordingly, the judgment of the trial court is reversed with instructions to grant the petition.
Givan, C.J. and DeBruler and Hunter, JJ., concur; Pivarnik, J., dissents with opinion.