People v. Miller CA2/4

Filed 9/23/21 P. v. Miller CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B310290 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. MA049065)

v.

WILLIAM PHILLIP MILLER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Dismissed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant William Phillip Miller appeals from a postconviction order denying his request to reduce his sentence by striking a one-year prior prison enhancement (Pen. Code, § 667.5, subd. (b)).1 Appellant had admitted the prior as part of a negotiated plea, but it has since been re-designated a misdemeanor under Proposition 47. His appellate counsel filed a brief asking this court to proceed under People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano). Consistent with Serrano, we dismiss the appeal as abandoned, as neither appellant nor his appointed counsel has raised any claim of error.

BACKGROUND AND DISCUSSION In July 2010, appellant was charged with attempted willful premeditated murder (§§ 664/187, subd. (a), count 1), assault with a deadly weapon (§ 245, subd. (a)(1), count 2), felony hit and run driving (Veh. Code, § 20001, subd. (a), count 3), grand theft auto (§ 487, subd. (d)(1), counts 4 and 5), evading a pursuing police officer (Veh. Code, § 2800.2, subd. (a), count 6), and possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a), count 7). On counts 1 through 3, the information alleged that appellant had inflicted great bodily injury (§ 12022.7, subd. (a)). As to all counts, six prior prison terms were alleged (§ 667.5, subd. (b)). In September 2010, appellant entered a negotiated disposition in which he pleaded no contest to assault with a deadly weapon (count 2),