P. v. Miller CA2/6
Leeroy Miller appeals after a jury convicted him of second degree murder (Pen. Code, § 187, subd. (a)) and found true the allegation that in committing the offense he personally discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d)) (hereafter § 12022.53(d)). In a bifurcated proceeding, the trial court found true allegations that appellant had suffered four prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). Appellant was sentenced to 70 years to life in state prison. He contends (1) the court erred in denying his Batson/Wheeler motion; (2) his attorney provided ineffective assistance; and (3) the court violated his constitutional rights by denying his post-trial request to discharge his retained counsel and obtain appointed counsel. In a supplemental brief, appellant claims he is entitled to a remand to permit the trial court to exercise its discretion whether to strike his section 12022.53(b) enhancement in light of Senate
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