PEOPLE v. MIKHAIL

Docket No. D015931.

13 Cal.App.4th 846 (1993)

16 Cal. Rptr.2d 641

THE PEOPLE, Plaintiff and Respondent, v. NADIR JAMIL MIKHAIL, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

February 19, 1993.


Attorney(s) appearing for the Case

COUNSEL

Nadir Jamil Mikhail, in pro. per., Cleary & Sevilla and Charles M. Sevilla for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pat Zaharopolous, Holly D. Wilkens and Keith I. Motley, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

HUFFMAN, J.

On this appeal we determine that at the time of the initial sentencing the trial court was without authority to order the previously unconditionally court-approved guilty plea withdrawn and the reinstatement of the original charges. Under the particular facts of this case, the remedy for the trial court's error is to reverse the judgment entered after a subsequent jury trial, to reinstate the original guilty plea...

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