P.

BACKGROUND

We filed our opinion on August 19, 2011 (People v. Mata et al., H035445 [nonpub. opn.]), and a modification on September 16, 2011. On November 16, defendant appeared for trial and asked for a Marsden2 hearing. The trial court agreed to continue the matter until November 30 “for Marsden and court trial. [¶] Assuming that the Marsden isn’t granted, we’ll do the court trial on that day.” At this point, defense counsel offered: “Although there may be issues from that that would prevent you from going forward with the court trial.” And the trial court agreed: “It’s possible. I want to put it on for both just for efficiency purposes. And we’ll see whether we can go ahead or not depending on the outcome of the Marsden or anything else.” The trial court’s minute order records the continuance to November 30 for “Marsden/Court Trial” and denotes that defendant was “serving sentence.” On November 18, 2011, we issued our remittitur, and the trial court filed it on November 21. On November 23, the trial judge’s clerk signed a “request for action” form for the trial judge’s “review and instruction” that essentially informed the trial judge of the reversal and the remand for trial.…