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PEOPLE v. NIEBAUER

Docket No. D009461.

214 Cal.App.3d 1278 (1989)

263 Cal. Rptr. 287

THE PEOPLE, Plaintiff and Respondent, v. ROBERT A. NIEBAUER, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

October 18, 1989.

Attorney(s) appearing for the Case

COUNSEL

Joel M. Geller for Defendant and Appellant.

Edwin L. Miller, Jr., District Attorney, M. Jonathan Oliphant, D. Michael Ebert and Thomas F. McArdle, Deputy District Attorneys, for Plaintiff and Respondent.

John K. Van de Kamp, Attorney General, Richard B. Iglehart and Harley D. Mayfield, Assistant Attorneys General, Rudolf Corona, Jr., and Tim Nader, Deputy Attorneys General, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

HUFFMAN, J.

After Robert A. Niebauer was convicted of driving with dark tinting material on the side windows of his 1987 Ford truck (Veh. Code,1 § 26708(a)), he unsuccessfully appealed to the appellate department of the San Diego Superior Court. A majority of that department affirmed the decision of the municipal court and certified the matter to this court to obtain uniformity of decision...

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