People v. Miles CA4/2
Opinion
Opinion
BACKGROUND
1. The circumstances leading to defendant’s conviction
The background leading up to defendant’s petition for resentencing is taken from
our opinion issued in his appeal from the judgment. (People v. Miles (Sept. 24, 2004,
E034073) [nonpub. opn.].)
In 2003, a jury convicted defendant of several offenses committed during a crime
spree in 2001: first degree residential burglary (§ 459), two counts of second degree
robbery (§ 211), attempted kidnapping (§§ 664, 207), and assault with a deadly weapon
(245, subd. (a)(2)). The jury also found true four firearm use enhancements under section
12022.5, subdivision (a), and three firearm discharge enhancements under section
12022.53, subdivisions (b) and (c). The court sentenced defendant to 41 years
months. Defendant appealed.
On appeal, we found the trial court erred when it imposed sentences for multiple
firearm discharge enhancements and when it failed to strike a firearm use enhancement.
We remanded the case with instructions to strike the firearm use and to stay imposition of
one of the firearm discharge enhancements. The judgment was affirmed in all other
respects.