People v. Miller CA5

BACKGROUND

A jury convicted appellant of human trafficking (Pen. Code,1 § 236.1, subd. (b); count 1); pimping (§ 266h, subd. (a); count 2); and pandering (§ 266i, subd. (a)(1); count 3.)2 In a bifurcated court trial, the court found true that appellant had suffered a prior strike offense (§§ 667, subds. (c)-(j); 1170.12, subds. (a)-(e)). Appellant was sentenced in May 2021. Appellant requested the court dismiss his strike prior pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, which the court denied. As to count 1, appellant was sentenced to the upper term of 20 years, doubled to 40 years for the strike prior. As to counts 2 and 3, appellant was sentenced to the upper term doubled to 12 years for each count, and the court stayed punishment as to both counts pursuant to section 654. The court also resentenced appellant on a separate Fresno County case—one count of assault with a firearm (§ 245, subd. (a)(2)) with a

All further undesignated statutory references are to the Penal Code. The facts underlying appellant’s convictions are set forth in People v. Miller (March 22, 2023, F082858 [nonpub. opn.]).

2. strike (§ 667, subd. (e))—to a consecutive…