People v. Miller CA1/4

I. BACKGROUND

In March 1998, in Contra Costa County Superior Court, a jury found Miller guilty of forcible rape (§ 261, subd. (a)(2)), oral copulation (former § 288a, subd. (c)), pimping (§ 266h), and pandering (§266i). Certain enhancement allegations were found to be true. A. Miller’s Initial Sentence and Appeal As indicated in the initial abstract of judgment, the trial court sentenced Miller to a total prison term of 118 years to life. This consisted in relevant part of sentences of (1) 75 years to life for forcible rape plus, under section 667, subdivision (a), three enhancement sentences of five years each for his three prior serious felony convictions, and (2) 25 years to life for pimping plus, under section 667.5, subdivision (b), three enhancement sentences of one year each for his three prior felony prison commitments.

2 Miller appealed. In October 2000, a panel of this division struck the three one-year prison prior enhancement sentences imposed under section 667.5, subdivision (b), reduced certain restitution fines, and affirmed the judgment with these modifications. The court stated as its reason for striking the prison prior enhancement sentences, “Both defendant…