P. v. Miller CA2/8
Defendant Michael Anthony Miller was charged by information with first degree residential burglary (Pen. Code, § 459). It was also alleged that defendant served five prior prison terms, and suffered a strike conviction (§§ 667.5, subd. (b), 1170.12). The burglary count and special allegations were tried to the jury, and the jury found defendant guilty of first degree burglary, and all special allegations except for the strike allegation were found true. The trial court found “good cause” to vacate the jury’s true findings as to the prison priors, and sentenced defendant to the high term of six years for the burglary. Defendant also received a concurrent eight-month term for a probation violation. Defendant filed a timely notice of appeal.
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