People v. Miller CA1/2

Filed 7/28/15 P. v. Miller CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A144870

v. BENJAMIN AUSTIN MILLER, (Lake County Super. Ct. No. CR933512) Defendant and Appellant.

Defendant Benjamin Austin Miller pled no contest to one count of assault by means likely to produce great injury and admitted one of his prior prison term allegations for a stipulated sentence of five years in state prison. He has now petitioned to be resentenced and have his offense reclassified as a misdemeanor pursuant to Penal Code section 1170.18, subdivision (a), commonly known as Proposition 47.1 This is an appeal from the trial court’s order denying the petition. Defendant’s court-appointed counsel has filed a brief seeking our…