People v. Miller CA2/5

Filed 1/28/26 P. v. Miller CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B337509

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. SA004321)

KEITH CORTEZ MILLER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Joseph J. Burghardt, Judge. Reversed and remanded. James Koester, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Louis W. Karlin and Kristen J. Inberg, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Keith Cortez Miller (defendant) appeals from a Penal Code section 1172.75 resentencing.1 When resentencing defendant, the trial court struck defendant’s two section 667.5, subdivision (b) prior prison term enhancements but did not otherwise reduce defendant’s sentence. The problem—as argued by defendant and conceded by the Attorney General—is that the trial court reimposed a one-year sentence on one of the counts of conviction that a different panel of this court had previously ordered stayed pursuant to section 654. We will correct that.

I. BACKGROUND Defendant was convicted by a trial jury of kidnapping to commit robbery (§ 209, subd. (b); count 1), two counts of second degree robbery (§ 211; counts 2 & 4), unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a); count 3), two counts of first degree robbery (§ 211; counts 5 & 6), and first degree burglary (§ 459; count 12). The trial court found defendant had sustained a prior serious felony conviction (§ 667, subd. (a)(1)) and served two prior prison terms within the meaning of section 667.5, subdivision (b). The court sentenced defendant to a total term of 17 years and four months to life in prison. The sentence was comprised of a life term on the aggravated kidnapping conviction; a consecutive term of six years for the robbery charged in count 5 plus one year for the firearm enhancement; consecutive terms of three years, two years of which were stayed pursuant to section