The above named appellant, David Lynn Kern, hereinafter referred to as defendant, entered a plea of guilty in the District Court of Oklahoma County, in Case No. CRF-72-1330, to the crime charged in the Information, Burglary in the Second Degree, on May 31, 1972, and pronouncement of Judgment and Sentence was deferred for a period of two (2) years, expiring May 31, 1974. Thereafter, upon the State’s amended application to accelerate, the court pronounced Judgment and Sentence that defendant serve a term of two (2) years in the Oklahoma State Penitentiary. From said Judgment and Sentence a timely ap*414peal has been perfected to this Court by writ of certiorari.
In granting the deferred pronouncement of Judgment and Sentence, the trial court set forth in the record in great detail the conditions of the deferment, the first being defendant was not to violate any City, State, or Federal laws.
The amended application for acceleration alleges the defendant violated the terms of the deferment as follows:
“Committed crimes of * * *; Burglary in the Second Degree on July 2 or 3, 1973 as alleged in case # CRF-73-592.”
At the formal hearing of the application on July 12, 1973, the defendant being present in person and by his retained counsel, his attorney of record herein, the State introduced into evidence the trial court’s minute made and entered in said Case No. CRF-73-592, pending in the District Court of Oklahoma County, showing that upon the jury’s verdict the defendant had been sentenced on July 11, 1973, to serve a term of two (2) years in the Oklahoma State Penitentiary. Request for suspended sentence was denied but “appeal bond set at $2,000.00”. It was then stipulated that a State’s witness would identify the defendant in Case No. CRF-73-592 as the defendant before the court for acceleration of Judgment" and Sentence. The State produced no other evidence and rested. The defendant introduced evidence in support of a suspended sentence, which was denied, and rested.
Although defendant asserts in his Petition in Error several grounds for reversal of the Judgment and Sentence, we shall confine this opinion to the one challenging the sufficiency of the State’s evidence for acceleration.
The record before us clearly reflects that defendant timely appealed from the Judgment and Sentence entered in Case No. CRF-73-592 on July 11, 1973, and that the same is now pending in this Court under No. F-74 — 9, the Petition in Error having been filed January 7, 1974.
It is obvious that said Judgment and Sentence was not final on July 12,- 1973, and could not be the basis for acceleration. We are to bear in mind that the State did not present to the trial court at the acceleration hearing any of the details of the burglary alleged to have been committed in Case No. CRF-73-592 in order for the court to make a determination of violation of the conditions of the deferment of sentence in Case No. CRF-73-1330. This it could have done, but elected to stand on the minute of the Judgment and Sentence, from which the timely appeal was perfected. See Tice v. State, Okl.Cr., 283 P.2d 872.
We reverse the Judgment and Sentence pronounced at the acceleration hearing in Case No. CRF-72-1330, and restore both the State and the defendant to their respective positions immediately prior to the acceleration hearing.
BRETT and BUSSEY, JJ., concur.