Delouize

May the trial court in a criminal case reconsider an order granting the defendant’s motion for a new trial after the time for the prosecution to appeal the order has expired? Here, the Court of Appeal held that a trial court retains jurisdiction to reconsider an order granting a new trial, and to reinstate a jury’s verdicts. We agree, and thus we affirm the Court of Appeal’s judgment.

I

Because the circumstances of the offenses are not relevant to the issue raised on appeal, this statement of facts is limited to the procedural history of the case.

*1227 The District Attorney of Mendocino County, by information, charged defendant Robert DeLouize with three counts of lewd acts with a minor (Pen. Code, § 288, subd. (a)), and one count of continuing sexual abuse of a minor (id., § 288.5). The information alleged, for sentencing purposes (id., §§ 667, subds. (a), (d)-(e), 1170.12, subd. (c)(1)), that defendant had previously been convicted of the felony of robbery.

At the trial, after the prosecution had presented its case, the defense moved for a judgment of acquittal (Pen. Code, § 1118.1) on the count charging continuing sexual abuse of a minor. The court granted the…