Hiller

Filed 5/9/23

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A165126

v. NEIL THOMAS HILLER, (Del Norte County Super. Ct. No. CRF21-9160) Defendant and Appellant.

A jury convicted defendant Neil Thomas Hiller of second degree murder and being a felon in possession of a firearm. The trial court found true a number of enhancement allegations, including that defendant had suffered convictions in the State of Washington for serious or violent felonies, specifically robbery. On appeal, defendant contends that his earlier convictions in Washington State do not qualify as serious or violent felonies under California law; that the trial court erred in failing to instruct the jury on the lesser included offense of involuntary manslaughter; that some of his enhancements should have been dismissed or stricken; and that the sentence for one of the offenses should have been stayed under Penal Code section 654.1

Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this *

opinion is certified for publication with the exception of…