People ex rel. Decker v. Page

Thompson, J.:

The relator pleaded guilty to the crime of operating a motor vehicle while intoxicated; whereupon the court ordered him to pay a fine of $300, suspended the imposition of a prison sentence and placed him on probation. Thereafter the probation was vacated and the court sentenced him to confinement in a State prison for two years. Relator claims this judgment is void, on the ground that the first order of the court in the premises was a final judgment; the court being without authority to impose the payment of a fine, and at the same time suspend a prison sentence, thus sentencing…