Legal Opinion

People v. Nesbitt

California Court of Appeal

Decided December 22, 2010No. B218373PublishedCited by 10 opinions

1Opinion of the Court

Opinion

MOSK, J.

INTRODUCTION

Defendant and appellant Michael Phillip Nesbitt (defendant) was convicted on six felony counts based upon the sexual abuse of three of his children.1 On appeal, defendant contends, inter alia, that the trial court lacked jurisdiction to vacate an order entered in the minutes dismissing counts 4 and 5.

*230We hold that the trial court had the inherent authority during trial to reconsider its order dismissing counts 4 and 5 and therefore affirm the trial court’s order vacating the dismissal of those counts and reinstating them, as well as the judgments of conviction on…

2Cases cited45 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Custis v. United StatesSupreme Court of the United States · 1994
  3. United States v. ThrockmortonSupreme Court of the United States · 1878
  4. People v. JacksonCalifornia Supreme Court · 1996
  5. Pico v. CohnCalifornia Supreme Court · 1891

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3Cited by10 opinions

  1. Berman v. Regents of the University of CaliforniaCalifornia Court of Appeal · 2014
  2. Conservatorship of Christopher B.California Court of Appeal · 2015
  3. Conservatorship of Christopher B.California Court of Appeal · 2015
  4. Conservatorship of Christopher B.California Court of Appeal · 2015
  5. People v. BeattyCalifornia Court of Appeal · 2018

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