P. v. Millan CA4/1

Filed 5/1/13 P. v. Millan CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D062562

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCN268130, SCN233183 & SCN264484) MIGUEL A. MILLAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, K. Michael

Kirkman, Judge. Affirmed.

In 2009, the court placed Miguel A. Millan on three years' probation for burglary

(Pen. Code, § 459; case No. SCN233183) and receiving stolen property (Id., § 496, subd.

(a); case No. SCN264484). In 2010, the court placed him on three years' probation for

first degree burglary (Id., §§ 459 & 460; case No. SCN268130). In June 2012, the court

summarily revoked probation in all three cases. In July, the court reinstated probation for

three years and suspended execution of a four-year prison sentence: the four-year middle

term in No. SCN268130 and concurrent two-year middle term sentences in each of the

other two cases. Millan appeals.

BACKGROUND

On April 6, 2012, sheriff's deputies stopped a car Millan was driving. Law

enforcement officers conducted a probation search at a residence and, on a dresser in a