P. v. Niehouse
Filed 6/8/06 P. v. Niehouse 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. MARK ANTHONY NIEHOUSE, Defendant and Appellant. | E039076 (Super.Ct.No. SWF008864) OPINION |
APPEAL from the Superior Court of San Bernardino County. Michael S. Hider, Judge. (Retired Judge of the Merced Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Reversed and remanded with directions.
Jeffrey A. Needelman, 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, Peter Quon, Jr., Supervising Deputy Attorney General, and Robert M. Foster, Deputy Attorney General, for Plaintiff and Respondent.
Defendant Mark Anthony Niehouse agreed to plead guilty to a drug offense and to admit two enhancements. In exchange, he was to be sentenced to four years for the substantive offense, plus three years for one enhancement, plus one year for the other enhancement, for a total of eight years.
At the plea hearing, although the trial court tried (in its own words) to â€