People v. Miller CA3

Filed 1/13/15 P. v. Miller CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C074725

Plaintiff and Respondent, (Super. Ct. Nos. CM036781, CM037186 & CM037187) v.

JAMES LAWRENCE MILLER,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

FACTUAL AND PROCEDURAL BACKGROUND1 Defendant James Lawrence Miller pleaded no contest to assault with a firearm (Pen. Code, § 245, subd. (a)(2)2; case No. CM036781, count 2), willfully evading a peace officer (Veh. Code, § 2800.2, subd. (a); case No. CM037186, count one), and failure to appear while on bail (§ 1320.5; case No. CM037187). He admitted an allegation that he was released from custody on bail or his own recognizance at the time of his failure to appear. (§ 12022.1.) In exchange, three related counts, several related allegations, and two unrelated cases (case Nos. CM037344 & SCR89688) were dismissed with a Harvey waiver.3 Defendant was sentenced to prison for seven years four months, awarded 27 days’ custody credit and 26 days’ conduct credit, ordered to make restitution to his victims, and ordered to pay a $240 restitution fine (§ 1202.4) in each case, a $240 restitution fine suspended unless parole is revoked (§ 1202.45) in each case, an $850 fine (§ 672) including a $40 court operations fee (§ 1465.8, subd. (a)(1)), a $30 court facilities assessment (Gov. Code, § 70373) in each case, and a single $736 probation report fee (§ 1203.1, subd. (b)). Assault with a Firearm On July 2, 2012, Oroville Police Department officers were dispatched to an apartment regarding a gunshot victim. Upon arrival, the officers met with Keith M., who was holding his chest, appeared to be in pain, and stated that he had been shot in the chest. Keith M. stated he had been shot in front of an inn by a white male adult who