People v. Miller CA3

Filed 7/12/21 P. v. Miller CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE, C092695

Plaintiff and Respondent, (Super. Ct. No. 62-98243)

v.

BRAD ROBERT MILLER,

Defendant and Appellant.

Appointed counsel for defendant Brad Robert Miller 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. (People v. Wende (1979) 25 Cal.3d 436.) After considering defendant’s supplemental brief, which raises issues that could have been raised in his initial appeal, we affirm.

1

BACKGROUND Jury Trial In June 2012, a jury found defendant guilty of the first degree murder of Eric McGhee (Pen. Code, § 187, subd. (a)),1 and being a felon in possession of a firearm (former § 12021, subd. (c)(1)). The jury also found true that defendant personally discharged a firearm causing death (§ 12022.53, subd. (d)). He was sentenced to three years in state prison plus an indeterminate term of 50 years to life. We affirmed the judgment after finding any error in admitting evidence of the victim’s state of mind during trial harmless. (See People v. Miller (Aug. 21, 2014, C071677) [nonpub. opn.] (Miller).) As recounted in Miller, the evidence at trial showed the following: In 2010, defendant moved in with McGhee, his longtime friend. One day, McGhee found defendant drunk and with a gun in his mouth. After taking the gun away, he transported defendant to the hospital to detox because he had been drinking too much. Defendant continued to drink to excess after his hospital stay. During one drunken episode, defendant threatened to kill everyone, scaring McGhee’s son who was present. Following that incident, McGhee told several people that he planned on kicking defendant out of the house. On the morning of April 15, 2010, McGhee used his cell phone for the last time from a location at or near his house. Shortly thereafter, McGhee’s neighbors heard two loud gun shots from his home. Although friends and family members called and sent McGhee numerous text messages after the last time he used his phone, none were answered, and he failed to show up at a business meeting on April 17 in Los Angeles. Evidence showed defendant last called McGhee on the morning of the day he disappeared, April 15; he did not call McGhee again after 7:58 a.m. on that day.