People v. Miller CA2/4

BACKGROUND AND DISCUSSION

In July 2010, appellant was charged with attempted willful premeditated murder (§§ 664/187, subd. (a), count 1), assault with a deadly weapon (§ 245, subd. (a)(1), count 2), felony hit and run driving (Veh. Code, § 20001, subd. (a), count 3), grand theft auto (§ 487, subd. (d)(1), counts 4 and 5), evading a pursuing police officer (Veh. Code, § 2800.2, subd. (a), count 6), and possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a), count 7). On counts 1 through 3, the information alleged that appellant had inflicted great bodily injury (§ 12022.7, subd. (a)). As to all counts, six prior prison terms were alleged (§ 667.5, subd. (b)). In September 2010, appellant entered a negotiated disposition in which he pleaded no contest to assault with a deadly weapon (count 2),

Subsequent references to statutes are to the Penal Code unless otherwise indicated.

2 and felony hit and run driving (count 3). Appellant also admitted to inflicting great bodily injury, and having suffered five prior prison terms, including one conviction in 2006 for burglary.2 Prior to sentencing, appellant sought to withdraw his plea in a motion in which he…