Heinold

*961 Opinion

The People appeal from an order vacating a judgment sentencing defendant to the state prison and placing him on probation.

On August 22, 1969, defendant entered a plea of guilty to the offense of selling marijuana; waived probation; asked that judgment be pronounced forthwith; and was sentenced to imprisonment in the state prison. At this time defendant was serving a sentence in a federal prison for a federal offense. The minutes of the court at the time of pronouncement of judgment contained the following:

On the same date, i.e., August 22, 1969, an abstract of judgment was issued as provided by Penal Code section 1213.5 which contained the following:

The abstract of judgment was certified by the clerk of the court and also by the judge who presided over the case. The sheriff acknowledged receipt thereof on August 25, 1969.

On August 25, 1970, defendant, by a petition in writing, moved the trial court to vacate the sentence imposed on August 22, 1969, and to impose a new and different sentence. The reason for this petition was the fact the federal authorities indicated their intention to parole him provided a de *962 tainer filed by the State of California was…