People v. Miller CA1/1

I. BACKGROUND

In November 2023, Miller was charged with infliction of corporal injury (Pen. Code, § 273.5, subd. (a); count 1);3 possession of a firearm by a felon (§ 29800, subd. (a)(1); count 2); misdemeanor child abuse (§ 273a, subd. (b); count 3); and misdemeanor resisting a peace officer (§ 148, subd. (a)(1); count 4). The complaint alleged aggravating factors, including that Miller had served a prior term in prison or county jail under section 1170, subdivision (h). In January 2024, Miller pleaded no contest to the firearm charge (count 2) pursuant to an agreement to a two-year midterm prison sentence and dismissal of the remaining charges. As part of the plea agreement, Miller entered a Cruz waiver to be released from custody pending sentencing. On the plea form, Miller initialed boxes next to paragraphs adding language which stated, “[F]or purposes of a Cruz waiver only, I waive my rights concerning aggravating factors, and admit I have served a prison term or a jail term pursuant to [section] 1170[, subdivision ](h).” “I will be sentenced to the middle term of 2 years. I will be released on a Cruz waiver. If I violate the Cruz waiver, I can be sentenced to the upper term…