P. v. Miller CA3
In June 2012, a jury found defendant Darrell Miller guilty of second degree murder. (Pen. Code, § 187.) The jury found true a second degree drive-by murder allegation (§ 190, subd. (d)) and a firearm use allegation (§ 12022, subd. (a)(1)). The trial court sentenced defendant to a term of 21 years to life in state prison. In 2013, we affirmed defendant’s conviction in an unpublished opinion. (People v. Miller (Dec. 2, 2013, C071700).)
In 2019, defendant, through counsel, filed a petition for resentencing under newly enacted section 1170.95. The People filed a response and moved to dismiss the petition. The court ordered additional briefing, defendant filed a reply, and after reviewing the record of conviction, the trial court denied defendant’s petition.
Defendant timely appealed and now contends the trial court erred in determining defendant failed to state a prima facie case. The People concede the issue and agree the matter should be remanded for further proceedings.
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