Nesbitt

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.

*230 We 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 those counts. In the unpublished portion of this opinion, we otherwise affirm the judgment, except as to matters regarding the sentence and reimbursement of attorney fees.

PROCEDURAL BACKGROUND *

DISCUSSION

A. Jurisdiction to Vacate Dismissal Orders

1. Background

On March 2, 2009, after the jury was impaneled, but before opening statements, defendant filed a motion to dismiss counts 1 through 5. Defendant argued, inter alia, that Penal Code section 800 4 time-barred the prosecution of those five counts and that the limitations period was not extended under section 803, subdivision (f),…