Mikhail

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sentencing the trial court was without authority to order the previously unconditionally court-approved guilty plea withdrawn and the reinstatement of the original charges.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 the murder of Robert Loftis (Pen. Code, § 187, subd. (a)) and the attempted murder of (§§ 664/187, subd. (a)) and assault with a deadly weapon on (§ 245, subd. (a)(2)) Charles Hall. The information also alleged Mikhail was armed with and used a firearm in the commission of all offenses (§ 12022.5, subd. (a)) and committed great bodily injury in the crimes involving Hall.

The charges stemmed from an incident on January 26,1991, about 11 p.m. in the driveway of a residence, where Mikhail had been summoned to help the teenage residents remove uninvited guests who had crashed their party thrown while…