People v. Miller

Filed 7/7/25 (unmodified opinion attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A170047

v. (Alameda County ARMANI MILLER, Super. Ct. No. 617384A) Defendant and Appellant.

ORDER MODIFYING OPINION

AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

BY THE COURT: It is ordered that the opinion filed herein on June 27, 2025, be modified as follows: 1. On page 8, in the last full paragraph, after the second sentence beginning with “We disagree” and ending with “theory of felony murder,” add the following footnote 6:

6Miller further contends in his supplemental brief that even if

charging more than felony murder is required, the prosecution was nonetheless allowed to proceed under a theory in which malice was imputed to him based solely on his participation in the kidnapping because he could not introduce evidence of his youth. We disagree. Under section 1172.6, subdivision (a)(1), Miller had to be charged under a “theory of felony murder” that “imputed”…