People v. Miller

Good Law
149 Cal. Rptr. 204·1978 Cal. App. LEXIS 1961·85 Cal. App. 3d 194
Court of Appeal of CaliforniaSeptember 28, 1978Docket Nos. 19839, 19650California3,003 words

Opinion

Opinion

In two unpublished opinions, 2 Crim. No. 19839 and 2 Crim. No. 19650, filed April 4, 1972 and April 20, 1972, this court affirmed the conviction of defendant of kidnaping and burglaiy in one case, and two counts of first degree robbery in the other. The Supreme Court of California unanimously denied a hearing in each case.

The kidnaping and burglary involved the vicious taking of a 10-year-old child from his home. The child was blindfolded, tied up, imprisoned and terrorized for three days. The child was recovered after the father paid a $250,000 ransom, which has never been recovered in whole or part from defendant.

The robbery charges involved armed robberies of a theater and a market in Alhambra on September 3, 1968, and September 29, 1969, respectively. These robberies netted an aggregate of approximately $16,000.

Overwhelming evidence established that defendant master-minded and participated in these crimes with one Gene Patterson, an ex-felon. Defendant at the time of the crimes was, and for some years prior thereto, in the employ of the Internal Revenue Service (IRS) of the United States as a special agent.

On February 1, 1978, we recalled the remittiturs in…

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