P.

Filed 3/19/13 P. v. Miller CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D061319

Plaintiff and Respondent,

v. (Super. Ct. No. JCF26664)

ROBERT MILLER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, William D.

Lehman, Judge. Affirmed.

Robert Miller appeals from the sentence imposed on him following his violation of

probation in a case in which he pled no contest to possession of a controlled substance

(Health & Saf. Code, § 11350, subd. (a)). Miller contends that defense counsel was

ineffective for failing to alert the sentencing judge to an earlier plea agreement from

which Miller had withdrawn under the mistaken belief that he was…