People v. Miller

Christopher Joseph Miller appeals from the judgment sending him to prison for a total of two years eight months following a negotiated guilty plea entered in two separate cases for a series of offenses: Possession of child pornography with intent to distribute (Pen. Code, § 311.1, subd. (a)), grand theft (§ 487, subd. (a)), identity theft (§ 530.5, subd. (a)), commercial burglary (§§ 459^-60, subd. (b)), and possession of child pornography with a prior conviction for a similar offense (§311.1, subd. (b)). He also admitted the special allegation that he was on bail in 2002 for the first offense—which occurred in 1999—when he committed the four later offenses. Miller challenged the search resulting in the evidence against him for the 1999 count of child pornography, but his motion to suppress was denied. He now contends the trial court erred when it denied that motion. As an added reason to reverse that denial, he argues that his subsequent consent to the search was involuntary. Thus, he claims the evidence supporting the 1999 count of child-pornography duplication must be suppressed, and the conviction reversed. We affirm.

I

FACTS

In August 1995, Miller entered a guilty…