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PEOPLE v. McGEE

Docket No. A051882.

232 Cal.App.3d 620 (1991)

283 Cal. Rptr. 528

THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY THUSHUN McGEE, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

July 19, 1991.

Attorney(s) appearing for the Case

COUNSEL

J. Frank McCabe, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Laurence K. Sullivan and David Lew, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

LOW, P.J.

Defendant Timothy Thushun McGee challenges the trial court's authority to reconsider and to vacate its earlier ruling setting aside defendant's guilty plea to sexual molestation of a child under age 14. (Pen. Code, § 288, subd. (a).)1 We hold that the court may not reinstate a guilty plea without defendant's acquiescence.

The information charged defendant with sexually assaulting...

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