People v. Miller CA3

Filed 12/1/15 P. v. Miller CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C078966

Plaintiff and Respondent, (Super. Ct. No. CM042312, CM042417) v.

JEREMY EUGENE MILLER,

Defendant and Appellant.

Appointed counsel for defendant Jeremy Eugene Miller has filed an opening brief that

sets forth the facts of the case and asks this court to review the record and determine whether

there are any arguable issues on appeal.1 (People v. Wende (1979) 25 Cal.3d 436 (Wende).)

1 Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.

1

Having reviewed the record as required by Wende, we order a correction to the abstract of

judgment and affirm.

I. BACKGROUND 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.)

On December 12, 2014, a police officer located a vehicle he believed to be stolen, with

license plates that did not match the vehicle. Another officer located a second vehicle of the

same make, that had license plates belonging to the first vehicle. Officers approached the second vehicle, located defendant in the driver’s seat, and ordered him to get out of the car.

Defendant said that he had been paid to install a stereo in the vehicle; however, other than