Opinion
Page 675a
140 Cal.App.4th 675a __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Appellant, v. STEVEN SANDOVAL, JR., Defendant and Respondent. D045846 California Court of Appeal, Fourth District, First Division June 22, 2006OPINION
McCONNELL, P. J.
It is ordered that the opinion filed herein on June 7, 2006, (140 Cal.App.4th 111; ___Cal.Rtpr.3d___ ). is modified as follows:
On page 32 [140 Cal.App. 4th 134-135], the Disposition is deleted and replaced with the following: The judgment is reversed and the matter is remanded to the trial court. In the interest of justice, the matter shall be reassigned to a different judge. The trial court is directed to strike from the superior court file the information "amended by interlineation 11-17-05 nunc pro tunc to 09-28-04."
The trial court shall allow Sandoval to file a new motion to withdraw his guilty plea. Any such motion shall be filed within 60 days after the issuance of the remittitur. If Sandoval requests additional time to file a motion to withdraw his plea, the court may grant the request for good cause, at its discretion.
If Sandoval timely files a motion to withdraw his plea of guilty, the court is directed to grant the motion and allow Sandoval to withdraw his guilty plea. If Sandoval does not timely file a motion to withdraw his guilty plea, the trial court shall reinstate the judgment.
There is a change in the judgment.