What is the proper disposition of a motion of appeal against a charge of sexual assault against an appellant who has pleaded guilty to the charge of perverting the course of justice?

6 We believe this disposition serves the ends of fairness and justice as well as of efficiency. (See e.g., People v. Riederer (1990) 217 Cal.App.3d 829, 837, 266 Cal.Rptr. 355.) It should result in no prejudice to appellant who stands to receive a lesser conviction and the least severe punishment possible under the facts and law of this case. Nor will the prosecution be prejudiced. The People may, at their option, retry appellant on the greater charge if on remand they deem a new trial is warranted.