People v. Miller

As permitted by Penal Code section 1506, the People appeal from an order of the superior court granting the petition of defendants Donald Alan Miller and Leroy Freeman for a writ of habeas corpus. The order directed that defendants be resentenced to terms of imprisonment of 15 years to life. The People contend that the original sentences of 25 years to life were valid under section 182.

In addition, Miller has filed an in propria persona petition for writ of habeas corpus in this court in which he urges that his conviction should be reversed on the grounds of: (1) ineffective assistance of appellate counsel; (2) newly discovered evidence; and (3) retroactively applicable authority. We consider his petition concurrently with the appeal solely to determine whether an order to show cause should issue.

Procedural Background

Defendants were charged in an amended information with conspiracy to commit murder (§§ 182, 187) and other counts. The information alleged seven overt acts and alleged the conspiracy ran from December 20, 1978, through January 4, 1979. In April 1980 a jury found defendants guilty of conspiracy to commit murder and found all seven overt acts to be true.…