People v. Thomas

Defendant appeals from an order denying his motion (1) to vacate a judgment, rendered in the afternoon of April 7, 1958, which sentences him to state prison and (2) to reinstate a county jail sentence announced in the morning arid “rescinded” in the afternoon of that day. He contends that the judgment is void under the italicized portion of the following rule stated in People v. McAllister (1940), 15 Cal.2d 519, 526 [2] [102 P.2d 1072] (the bracketed numbers are inserted for convenience of subsequent reference.) : “[1] If the sentence has been entered in the minutes of the court, or [2] if…