People v. Mikhail

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sentencing the trial court was without authority to order the previously unconditionally court-approved guilty plea withdrawn and the reinstatement of the original charges.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 and to remand for sentencing according to that plea. We explain.

Factual Summary

After a preliminary hearing, Nadir Jamil Mikhail was charged in an information with…