People v. Miller

Defendant Jerome D. Miller, following a trial by jury, was convicted of two counts of rape by force and violence and threats of bodily harm (Pen. Code, §§ 261, subd. 4, 261, subd. 5), two counts of robbery (Pen. Code, § 211), and two counts of “simple kidnaping” (Pen. Code, § 207). The kidnaping convictions were of lesser offenses included within the information’s charges of kidnaping for robbery (Pen. Code, § 209). He was sentenced to state prison on a robbery count and an unrelated kidnaping count, the sentences to run consecutively. Sentences on the remaining counts were stayed, such stays to become permanent upon completion of the consecutive sentences. His appeal is from the judgment.

There was substantial and convincing evidence in support of the jury’s verdicts. But for Miller’s insistence that the rule of People v. Daniels, 71 Cal.2d 1119 [ 80 Cal.Rptr. 897 , 459 P.2d 225 ], discussed post, is applicable to the kidnaping convictions, no contention is made to the contrary.

Miller’s principal contention of error is that he was unconstitutionally denied counsel by the superior court. As pertinent to this contention the record discloses the following: Miller’s…