Brandon

Defendant appeals from an order of the superior court setting aside a previous order entering a new judgment after vacating a prior one.

Question Presented

Was a judgment not appealed from, setting aside a judgment which after sentencing a defendant to felony imprisonment improperly suspended such judgment on condition that defendant serve one year in the county jail and make complete restitution, subject to collateral attack?

Record

Defendant pleaded guilty to a charge of violation of section 476a, Penal Code (issuing a cheek without sufficient funds). His motion for probation was denied on August 13,1953. The same day he was sentenced by Judge Twain Michelsen as follows : “It is therefore ordered, adjudged and decreed that the *98 said defendant be punished by imprisonment in the State Prison at San Quentin, California, for the term prescribed by law, said sentence suspended, on condition the defendant serve 1 year in the County Jail, and make full and complete restitution.”

Defendant served his one year and made restitution. On November 21, 1955, he moved the superior court (Judge Orla St. Clair presiding) to vacate the Judge Michelsen judgment and enter a new judgment on…