McGee

—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 serving 360 days in the county jail. At the August 31, 1990, hearing on defendant’s motion to withdraw his plea, he testified: “I couldn’t really think the way I was supposed to be thinking at the time.” The district attorney cross-examined defendant and vigorously opposed the motion. The trial court granted the motion, stating that it was convinced defendant’s plea was not voluntary and that he noticed the defendant was under a great deal of stress. The court elaborated: “In my mind and at the time I took the plea we went through all the waivers and Mr. McGee indicated that he understood them all;…