People v. McGee

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).) We hold that the court may not reinstate a guilty plea without defendant’s acquiescence.

The information charged defendant with sexually assaulting Christina M.

On June 18, 1990, defendant pleaded guilty to the section 288 offense pursuant to a negotiated disposition requiring the prosecutor to recommend a period of probation conditioned upon…