People v. Miller CA4/1

Filed 4/17/23 P. v. Miller CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D081123

Plaintiff and Respondent,

v. (Super. Ct. No. SCD285303)

HUGH HENRY MILLER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Peter C. Deddeh, Judge. Affirmed. Matthew A. Lopas, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. This appeal follows a revocation of felony probation and a commitment to state prison. Hugh Henry Miller pleaded guilty to felony possession of a concealed dirk or dagger (Pen. Code, § 21310) and a misdemeanor possession of drug paraphernalia (Health and Saf. Code, § 11364). Miller was granted probation subject to a number of conditions.

About a year later, the court summarily revoked Miller’s probation. Following a contested evidentiary hearing, the court found Miller violated probation on several grounds, including the filing of a new criminal complaint, case No. SCD295354. The court also denied Miller’s motion to relieve appointed counsel. (People v. Marsden (1970) 2 Cal.3d 118.) The court declined to reinstate Miller on probation and committed him to prison for a two-year term. Miller filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Miller the opportunity to file his own brief on appeal, but he has not responded. STATEMENT OF FACTS Counsel has provided an accurate summary of the facts relevant to the probation revocation. We will include those facts here for convenience. Charlotte Hess, an officer with the San Diego Police Department, testified that on July 7, 2022 she responded to a call for service at the Pearl Car Wash regarding a restraining order violation. Officer Hess arrived on scene and located Miller. Officer Hess made contact with Miller, placed him in handcuffs, and searched him. During the search a fixed-blade knife was located concealed in the left jacket pocket of Miller. This knife was similar to a kitchen knife. Jordan Vargas, an officer with the San Diego Police Department, responded to a call for service on July 29, 2022. Miller was contacted on scene by Officer Vargas. Officer Vargas determined there were outstanding warrants for Miller and eventually arrested him. During a search of Miller,