Miles

People v. Miles

Good Law
1996 Cal. App. LEXIS 204·43 Cal. App. 4th 364·51 Cal. Rptr. 2d 87·96 Daily Journal DAR 2711·96 Cal. Daily Op. Serv. 1640
Court of Appeal of CaliforniaMarch 7, 1996No. B090993California2,785 words

Opinion

Lead Opinion

Turner, J.

I. Introduction

Defendant, Tracey Miles, who stands convicted of nine felonies, appeals from his conviction, after a jury trial, of two counts of robbery committed on a single occasion. (Pen. Code, § 211.) 1 As to count 1, defendant received an indeterminate sentence of 36 years to life. This sentence consisted of: a term of 25 years to life imposed pursuant to section 667, subdivision (e)(2)(A)(ii); 10 years as a result of the findings he had been convicted of serious felonies on 2 occasions as required by section 667, subdivision (a)(1); and 1 additional year pursuant to section 12022, subdivision (a)(1) because a principal in the robberies used a firearm although defendant was not personally armed. Further, as to count 2, defendant received a consecutive determinate term of one year, four months. He raises various contentions concerning his sentence which we address in the unpublished portion of this opinion. In the published portion of this opinion, we address the Attorney General’s argument the trial court pronounced a legally unauthorized sentence which may be corrected for the first time on appeal. We conclude when a defendant with two prior serious felony…

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