P. v. Miller CA2/5
In 2000, defendant and appellant Michael Miller was sentenced to an indeterminate life term under the three strikes law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) after a jury convicted him of inflicting corporal injury to a spouse (§ 273.5, subd. (a)), assault by means likely to cause great bodily injury (§ 245), and false imprisonment by violence (§ 236). After the voters approved Proposition 36 in 2012, Miller petitioned to have his sentence recalled under section 1170.126. Following a hearing, the trial court denied the petition, finding that Miller’s conduct demonstrated an intent to cause great bodily injury.
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