People v. Miller

After a mistrial was declared on the second day of trial as a result of a police officer’s testimony, a retrial was held in which the jury convicted codefendants Richard Miller (Miller) and David Reed (Reed) on November 26, 2003, of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and found true allegations that Miller and Reed personally caused great bodily injury (§ 12022.7, subd. (a)). In a bifurcated proceeding held during jury deliberations, Miller and Reed admitted prior prison term allegations (§ 667.5, subd. (b)). On March 5 and March 10, 2004, Reed and Miller respectively filed motions for a new trial, which the trial court denied on April 5, 2004. On January 12, 2006, the trial court sentenced Reed to 15 years in prison and Miller to 14 years in prison.

Miller and Reed filed separate appeals. Reed’s sole contention on appeal is that the trial court erred when it denied his motion for a new trial. Miller’s sole contention on appeal is that the trial court erred when it denied his motion to represent himself during sentencing. With respect to Reed’s appeal, we find no merit to his contention and therefore affirm the judgment in his case. With respect…