Andrews

The complaint charged that on February 3,1959, the defendant violated Vehicle Code, section 502 (driving while under the influence of intoxicating liquor). It further charged that on February 3, 1953, she was convicted of violating the same section. The prior was admitted and upon trial the defendant was convicted. She was sentenced to five days in jail and to pay a fine of $300 plus a $15 penalty. The fine was paid. After pronouncing sentence the court made the following order: “It is further ordered by the Court that the above mandatory jail sentence of ‘five days in the County Jail upon a second or any subsequent conviction by imprisonment in the County Jail for not less than five days’ is not applicable in this ease and need not be served in view of the fact that defendant’s admission of a prior conviction was on or about February 3, 1953, and previous to the enactment of the amendment to section 502 of the Vehicle Code effective September 7, 1955, and thus said 5 days sentence is ordered arrested.” Both the judgment as pronounced and the above-quoted order were entered in the minutes, the judgment first and the order immediately thereafter. The People appeal from the order…