People v. Miller CA3

DISCUSSION

I Violation of the Cruz Waiver Miller contends there was insufficient evidence to support the finding that he violated his Cruz waiver. We disagree. A. Additional Background Subsequent to his plea, the prosecution filed new charges against Miller, alleging he committed first degree burglary (§§ 459, 460, subd. (a)), unauthorized entry of property (§ 602.5), and dissuading a witness (§ 136.1). These charges served as the basis for the allegation that he violated his Cruz waiver. Sergeant Mark Carroll testified that shortly before 6:00 p.m. on the day of the incident, he spoke with T.J. and her father M.J., with whom she lived.3 M.J. told Sergeant Carroll that Miller, T.J.’s mother’s on-and-off boyfriend, has never been allowed in the house. T.J. told him that, about five minutes before she called the police, Miller entered her home three times. She identified Miller by name, nickname, and from a photo. She said that the first time he knocked on the door, entered, looked around, and then left. The second time he entered and looked from room to room calling her mother’s name. While there, he asked T.J. about the whereabouts of her mother. On the third occasion, he entered…