People v. Miles CA4/2

Good Law
Court of Appeal of CaliforniaDecember 27, 2021E075461California1,680 words

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.

All further statutory references…

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