This is an appeal by the state on behalf of the Warden of the Georgia State Prison at Reidsville, Georgia, from a final order of the trial court vacating a conviction of appellee resulting from a plea of guilty to the crime of forgery *381 and three charges of passing bad checks for which the appellee was given a total sentence of ten years, the maximum permitted by law. The judgment of the trial court ordered the prisoner released unless within forty-five days from entry of the order prosecuting officials of Barrow County, Georgia instituted new proceedings against him.

Upon a careful consideration of the record we conclude that the judgment of the trial court should be, and it is, affirmed.