P. v. Miller CA6
In 1993, a jury convicted defendant Edward Miller of first degree felony murder (Pen. Code, §§ 187, 189), robbery (§ 211), and kidnapping (§ 207), finding true the felony murder special circumstance allegations that the murder was committed during a robbery and a kidnapping (Former § 190.2, subd. (a)(17)(i), (ii)) and the allegation that defendant personally used a dangerous and deadly weapon during the commission of the murder and the robbery (§ 12022, subd. (b)). The superior court sentenced defendant to life without the possibility of parole. This court affirmed the judgment in 1994 in case No. H011204.
In 2021, defendant filed a petition for resentencing pursuant to section 1170.95, which was enacted by the Legislature through its passage of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437). (Stats. 2018, ch. 1015, § 4.)
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