P. v. Miller CA2/2
In an information filed by the Los Angeles County District Attorney’s Office, defendant and appellant Solomon Miller was charged with “malice aforethought” murder (Pen. Code, § 187, subd. (a); count 1) and first degree burglary (§ 459; count 2). As to the murder charge, it was alleged that defendant personally used a deadly and dangerous weapon, a crowbar. (§ 12022, subd. (b)(1).) The special circumstance of murder while engaged in a burglary was also alleged. (§ 190.2, subd. (a)(17).) The jury found defendant guilty of both counts and found the enhancement and special circumstance true. Defendant was sentenced to life in state prison without the possibility of parole, plus one year for the weapon enhancement on count 1. The trial court imposed the upper term of six years for the burglary charge, which was stayed pursuant to section 654.
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