People v. Miller CA2/5

Filed 6/16/23 P. v. Miller CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B320983

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA043414) v.

MICHAEL ANTHONY MILLER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Teri Schwartz, Judge. Affirmed.

James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant.

No Appearance for Plaintiff and Respondent. _____________________

Michael Anthony Miller appeals the trial court’s order denying his petition for vacatur of his conviction and 1 resentencing under Penal Code section 236.15. In 2000, Miller was convicted of corporeal injury on a spouse (§ 237.5, subd. (a); count 1), assault by means of force likely to cause great bodily injury (§ 245, subd. (a)(1); count 2), and false imprisonment (§ 236; count 3). The jury found true the allegation that Miller had suffered two prior convictions for serious and or violent felonies within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). Miller was sentenced to 25 years to life. In 2021, Assembly Bill No. 124 (2021–2022 Reg. Sess.) was enacted. As relevant here, Assembly Bill No. 124 added section 236.15 to the Penal Code. Section 236.15 provides for vacatur of convictions for nonviolent offenses if the offense was the direct result of the defendant being a victim of intimate partner violence or sexual violence. Assembly Bill No. 124 became effective on January 1, 2022. In 2022, Miller filed a motion to vacate his convictions, which the trial court denied because Miller failed to plead facts 2 that would entitle him to relief. Miller timely appealed. Miller’s counsel filed a brief indicating he could find no arguable issues to raise on appeal and requesting that this court (1) inform Miller of his right to file a supplemental brief; and (2)