People v. Miller CA2/2

Filed 11/18/13 P. v. Miller CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B244497

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA084445) v.

WINSTON MILLER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Jared D. Moses, Judge. Affirmed.

Frank Duncan for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, James William Bilderback II and Peggy Z. Huang, Deputy Attorneys General, for Plaintiff and Respondent.

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Appellant Winston Miller was convicted of corporal injury to a former cohabitant (Pen. Code, § 273.5, subd. (a)),1 criminal threats (§ 422), and assault with a semiautomatic firearm (§ 245, subd. (a)(2)). The jury found that appellant personally used a firearm. Appellant admitted prior conviction and prison term allegations. He was sentenced to a total of 21 years and four months in state prison. On appeal, appellant contends that there was insufficient evidence to support the conviction and that key evidence was wrongly suppressed. We affirm. FACTS Prosecution Evidence Jacqueline H. knew appellant since 2005. They first became romantically involved while Jacqueline was married to another man. Jacqueline got pregnant and had a daughter, A.G., in December 2005. Jacqueline believed that appellant was the father of A.G., though no paternity test was administered. According to Jacqueline, from summer 2007 to early 2008 she and appellant lived together. Appellant held himself out as A.G.’s father, the couple lived together with A.G. as if appellant was her father, and Jacqueline presented appellant as A.G.’s father. Appellant helped to support the family, paid for rent, and made car payments. He beat Jacqueline numerous times, but she did not contact the police because she loved him and wanted to maintain a family. She and appellant broke up in 2008, however, and did not see each other again until August 2011. On August 12, 2011, at around 5:00 p.m., Jacqueline received a call from appellant. He said that he wanted to see A.G., and asked Jacqueline to come get him in her car. Jacqueline picked up appellant in Los Angeles around 10:00 p.m. and drove him to her apartment in Duarte. She noticed that appellant had a gunshot wound to his hand. After they arrived in Duarte, Jacqueline, who is a vocational nurse, treated the gunshot wound. Later, appellant talked to A.G., went to bed with Jacqueline, and had sex.