PEOPLE v. STEVEN SANDOVAL
Filed 6/22/06
CERTIFIED FOR PUBLICATION
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| THE PEOPLE, Plaintiff and Appellant, v. STEVEN SANDOVAL, JR., Defendant and Respondent. | D045846 (Super. Ct. No. SCS179252) ORDER MODIFYING OPINION [CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on June 7, 2006, is modified as follows:
On page 32, the Disposition is deleted and replaced with the following:
The judgment is reversed and the matter is remanded to the trial court. In the interest of justice, the matter shall be reassigned to a different judge. The trial court is directed to strike from the superior court file the information "amended by interlineation 11-17-05 nunc pro tunc to 09-28-04."
The trial court shall allow Sandoval to file a new motion to withdraw his guilty plea. Any such motion shall be filed within 60 days after the issuance of the remittitur. If Sandoval requests additional time to file a motion to withdraw his plea, the court may grant the request for good cause, at its discretion.
If Sandoval timely files a motion to withdraw his plea of guilty, the court is directed to grant the motion and allow Sandoval to withdraw his guilty plea. If Sandoval does not timely file a motion to withdraw his guilty plea, the trial court shall reinstate the judgment.
There is a change in the judgment.
McCONNELL, P. J.
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