P. v. Sampson
Filed 6/6/06 P. v. Sampson CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. JAMES A. SAMPSON, Defendant and Appellant. | E038307 (Super. Ct. No. FMB7066) OPINION |
APPEAL from the Superior Court of San Bernardino County. James C. McGuire, Judge. Reversed with directions.
Steven A. Seick, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Pamela Ratner Sobeck, Supervising Deputy Attorney General, Ivy Fitzpatrick, Deputy Attorney General, for Plaintiff and Respondent.
INTRODUCTION
Contending he was improperly denied a probation revocation hearing and that the trial court should have granted his request for a continuance to give his attorney time to file a Romero[1] motion, appellant James Arthur Sampson (appellant) seeks reversal of his eight-year sentence to state prison. The People agree that appellant is entitled to a probation revocation hearing and suggest that he may submit his Romero motion at the new hearing.
We will remand the matter with instructions that appellant be permitted to withdraw his plea.
FACTUAL AND PROCEDURAL HISTORY
In a complaint filed November 3, 2004, appellant was charged with one count of felony drug possession (Health & Saf. Code, § 11377, subd. (a)). The complaint further alleged that appellant had been convicted of two felonies: first degree burglary (Pen. Code, § 459, a â€
