People v. Miller CA2/5

I. BACKGROUND

Defendant was convicted by a trial jury of kidnapping to commit robbery (§ 209, subd. (b); count 1), two counts of second degree robbery (§ 211; counts 2 & 4), unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a); count 3), two counts of first degree robbery (§ 211; counts 5 & 6), and first degree burglary (§ 459; count 12). The trial court found defendant had sustained a prior serious felony conviction (§ 667, subd. (a)(1)) and served two prior prison terms within the meaning of section 667.5, subdivision (b). The court sentenced defendant to a total term of 17 years and four months to life in prison. The sentence was comprised of a life term on the aggravated kidnapping conviction; a consecutive term of six years for the robbery charged in count 5 plus one year for the firearm enhancement; consecutive terms of three years, two years of which were stayed pursuant to section

1 Undesignated statutory references that follow are to the Penal Code.

2 654, on both counts 2 and 4; and a final consecutive term of four years, 32 months of which were stayed pursuant to section 654, on count 6.2 The court also imposed consecutive one-year terms for each of…