People v. Miller CA5

Filed 1/16/25 P. v. Miller CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F087691 Plaintiff and Respondent, (Super. Ct. No. BF177511A) v.

RAYSHOUN GLENN MILLER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. David R. Zulfa, Judge. William J. Capriola, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo- Appellant Rayshoun Glenn Miller returns to this court for a second time following his convictions by jury of crimes he committed in 2019. This court previously vacated

* Before Peña, Acting P. J., Smith, J. and DeSantos, J.

his sentence and remanded for resentencing in light of then recently-enacted Senate Bill No. 567 (2021-2022 Reg. Sess.) but otherwise affirmed the convictions (People v. Miller (March 22, 2023, F082858 [nonpub. opn.]). The trial court subsequently resentenced appellant, and he now appeals from the judgment entered after his resentencing. Appointed appellate counsel for appellant has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) asking this court to review the record to determine whether there are any arguable issues on appeal. Appellant was advised of the right to file a supplemental brief but has not done so. After an independent review of the record, we find no arguable error that would result in a disposition more favorable to appellant, but we did locate a typographical error in the abstract of judgment. We order the abstract of judgment corrected and, as modified, affirm the judgment. BACKGROUND A jury convicted appellant of human trafficking (Pen. Code,1 § 236.1, subd. (b); count 1); pimping (§ 266h, subd. (a); count 2); and pandering (§ 266i, subd. (a)(1); count 3.)2 In a bifurcated court trial, the court found true that appellant had suffered a prior strike offense (§§ 667, subds. (c)-(j); 1170.12, subds. (a)-(e)). Appellant was sentenced in May 2021. Appellant requested the court dismiss his strike prior pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, which the court denied. As to count 1, appellant was sentenced to the upper term of 20 years, doubled to 40 years for the strike prior. As to counts 2 and 3, appellant was sentenced to the upper term doubled to 12 years for each count, and the court stayed punishment as to both counts pursuant to section 654. The court also resentenced appellant on a separate Fresno County case—one count of assault with a firearm (§ 245, subd. (a)(2)) with a