People v. Miller CA4/3

Filed 10/29/25 P. v. Miller CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G064549

v. (Super. Ct. Nos. RIF2204370, RIF2302532) DOUGLAS JAY MILLER, OPINION Defendant and Appellant.

Appeal from a judgment of the Superior Court of Riverside County, Samah Shouka, Judge. Affirmed. Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Steve

Oetting and Kristen Ramirez, Deputy Attorneys General, for Plaintiff and Respondent. * * * After a jury convicted Douglas Jay Miller of numerous crimes, he was sentenced to a total of 16 years in prison, which included seven terms for firearm enhancements. Miller appeals, contending all but one of the firearm enhancements must be dismissed pursuant to recent changes to sentencing laws. We conclude his claim of sentencing error is forfeited because he failed to object below. Even if not forfeited, we conclude he is not entitled to mandatory dismissal of any firearm enhancement. Accordingly, we affirm. STATEMENT OF THE CASE Because Miller only raises a pure legal issue relating to his sentencing, we briefly summarize the relevant facts. On February 5, 2024, in Riverside County Superior Court case number RIF2302532, a jury found Miller guilty of six counts of burglary and one count of attempted robbery, and found true seven firearm enhancements. On February 26, in Riverside County Superior Court case number RIF2204370, a jury found Miller guilty of assault and battery, and found true a great bodily injury enhancement. In a joint sentencing hearing on April 26, 2024, the trial court imposed a total sentence of 16 years in prison. The sentence included a one- year term for a firearm enhancement under Penal Code section 12022.7, subdivision (a)(1), plus six four-month terms for the remaining six firearm 1 enhancements.