People v. Miller CA4/1

Filed 5/9/16 P. v. Miller CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D069012

Plaintiff and Respondent,

v. (Super. Ct. No. SCS279592)

MARK MILLER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Ana

Espana and Garry G. Haehnle, Judges. Affirmed.

Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Mark Miller appeals a judgment following his guilty plea to one count of

possession of a controlled substance while in prison (Pen. Code, § 4573.6).1

1 All statutory references are to the Penal Code.

FACTUAL AND PROCEDURAL BACKGROUND

In June 2015, a complaint charged Miller with one count of possession of a

controlled substance while in prison (§ 4573.6) and alleged he had two prior strike

convictions (§§ 667, subds. (b)-(i), 1170.12, 668). In July, pursuant to a plea agreement,