Filed 9/17/26 P. v. Miller CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions
not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion
has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
THE PEOPLE, B350426
Plaintiff and Respondent, (Los Angeles County
Super. Ct. No. BA502421)
v.
JAMES MILLER,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of Los
Angeles County, David R. Fields, Judge. Affirmed.
Richard B. Lennon, under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant James Miller was charged by information with
forcible oral copulation (former Pen. Code,1 § 288a, subd. (c)(2);
count 2); sodomy by use of force (§ 286, subd. (c)(2); count 3); and
kidnapping to commit sex crimes (§ 209, subd. (b)(1); count 4).
Before and after the preliminary hearing, Miller moved to
dismiss the case due to precharging delay by the prosecution.
The trial court denied his motions.
Pursuant to a negotiated plea agreement, the information
was amended to add a count for forcible rape (§ 261, subd. (a)(2);
count 5). Miller pled no contest to the forcible rape and forcible
oral copulation charges. Miller also admitted an aggravating
factor under California Rules of Court, rule 4.421(a)(2)
(defendant used a weapon at the time of the commission of the
crime).
The trial court sentenced Miller in accordance with the plea
agreement to the upper term of eight years on count 5 and the
middle term of six years on count 2. The sentences were to run
consecutively pursuant to section 667.6, subdivisions (c) and (e).
Miller appealed and requested but was denied a certificate
of probable cause. This court issued an order limiting the appeal
to issues that do not require a certificate of probable cause. (See
§ 1237.5; see also Cal. Rules of Court, rule 8.304(b).)
Miller’s appointed counsel filed an opening brief raising no
issues, noting this “appeal lies for any sentencing errors that
would not violate the plea agreement,” and asking this court to
independently review the record pursuant to People v. Wende
(1979) 25 Cal.3d 436. We directed counsel to send the record and
1 All further statutory references are to the Penal Code.
2
a copy of the opening brief to Miller and notified Miller of his
right to respond within 30 days. We received no response.
We have examined the entire record and are satisfied that
no arguable issues exist and that Miller’s appellate attorney has
complied with the responsibilities of counsel. (Smith v. Robbins
(2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106,
119.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
MORI, Acting P. J.
We concur:
TAMZARIAN, J.
DAUM, J.
3