People v. Milliman CA3

Filed 2/13/26 P. v. Milliman CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Tehama) ----

THE PEOPLE, C102746

Plaintiff and Respondent, (Super. Ct. Nos. 22CR- 003037, 23CR-000609) v.

MATTHEW LYLE MILLIMAN,

Defendant and Appellant.

After defendant Matthew Lyle Milliman pled guilty to possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1))1 and no contest to continuous sexual abuse of a child under age 14 (§ 288, subd. (a)), the trial court sentenced him to an aggregate term of 10 years eight months. On appeal, Milliman contends: (1) the trial court erred when it did not order the correction of an error in the probation report regarding his early childhood trauma, and (2) defense counsel rendered ineffective assistance by not

1 Undesignated statutory references are to the Penal Code.

1

requesting correction of the error or requesting a continuance to provide evidence to correct the error. We affirm the judgment. BACKGROUND A detailed statement of the facts underlying Milliman’s convictions is unnecessary. Briefly, in March 2023, a Tehama County Sheriff’s deputy responded to a report of child sexual abuse of a 10-year-old victim. The abuse, which included sodomy and various acts of lewd and lascivious conduct, went on for three years. It stopped after the victim reported the abuse at school. In December 2023, Red Bluff police responded to a call that Milliman was parked outside a Walmart with a shotgun. After detaining Milliman, officers also found methamphetamine in his possession. An information charged Milliman with multiple counts of sexual abuse. A separate information charged Milliman with several felony firearm offenses and misdemeanor possession. Milliman pled no contest to two counts of committing a lewd act on a child under 14 (§ 288, subd. (a)) and pled guilty to possession of a firearm by a felon (§ 29800, subd. (a)(1)). The remaining counts were dismissed. At sentencing, defense counsel notified the court that there was an error in the probation report regarding Milliman’s history of childhood trauma. Although the report stated that Milliman’s father was sentenced to prison for murder when Milliman was three years old, defense counsel notified the court that it was Milliman’s father who was murdered when Milliman was three. Referencing the amendments to section 1170 that require courts to consider childhood trauma in sentencing decisions, defense counsel asked the court to consider Milliman’s childhood trauma, which showed that Milliman “was not given an opportunity to start out life with a foundation for living a good, law- abiding life.” The People argued there was no independent corroboration of the information about any childhood trauma that Milliman may have suffered.