Filed 7/2/26 P. v. Miller CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE,
D086510
Plaintiff and Respondent,
(Super. Ct. No. SCN450110)
v.
MARSHAWN BOYD MILLER,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County,
Daniel F. Link, Judge. Affirmed.
Reed Webb, under appointment by the Court of Appeal, for Defendant
and Appellant.
No appearance for Plaintiff and Respondent.
This appeal is from a judgment after a jury trial. The charges arise
from a confrontation with an Oceanside park ranger and several police
officers who tried to get Marshawn Boyd Miller to leave a city park after
hours, which efforts Miller violently resisted. A jury convicted Miller of two
counts of forcibly resisting an executive officer (Pen. Code, § 69). Miller
admitted a serious felony prior conviction and a strike prior, (§ 667, subd. (a)
and 667, subds. (b)-(i)).
The court sentenced Miller to a determinate term of seven years four
months, considering the strike prior.
Miller filed a timely notice of appeal.
Appellate counsel has filed a brief under the authority of People v.
Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to
identify any arguable issues for reversal on appeal. Counsel asks the court to
independently review the record for error as mandated by Wende. We
notified Miller of his right to file his own brief on appeal, but he has not
responded.
STATEMENT OF FACTS
Appellate counsel has submitted a summary of the facts which we find
helpful in reviewing this case. We will include the summary here for
background.
At around 2:40 a.m. on December 8, 2023, Oceanside park security
guards encountered six to 10 individuals on a wooden landing inside Tyson
Park. They were told that the park was closed between 6:00 p.m. and 6:00
a.m. and that they needed to find somewhere else to hang out. Most of them
left but there were two individuals, Miller and a female companion, who
remained on the landing. The woman was apparently trying to sleep and
Miller was seated on a bench. The two did not comply with the orders to
leave the park. The guards decided to give Miller some space so that he could
gather up their possessions and move to the parking lot. However, after
being unsuccessful with repeated attempts to get the two to leave the park,
they were informed that police would be called if they did not leave.
Oceanside police were subsequently summoned for assistance.
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Oceanside police officers Johann Ravesi and Bernardo Romero
responded and spoke to the security guards about the two individuals who
refused to leave the park. Miller was wearing a bulky winter-weight full
length trench coat and had a hat covering his face. He sat hunched over on
the bench and would not look up or identify himself. After the woman
eventually gathered her possessions, the officers escorted her out of the park.
Miller told the uniformed police officers that he did not want to give his back
up to them or turn his back to the police. He was informed that the law did
not allow him to be in the park at that time of night. He was given the choice
that he could leave or could be arrested for trespassing. When a third officer,
Luke Sheehy, arrived and tried to reason with Miller he told the officers, “If
you touch me, you’re going to have to kill me.” After about 10 minutes of not
getting any compliance with their repeated orders to leave the park and
taking his statement as an indication of “a pre-assaultive cue,” it was decided
to place Miller under arrest. Sheehy took a hold of Miller’s right arm and
Romero grabbed his left. Miller stood up and began twisting and thrashing
around. Romero yelled out, “He has a knife.” Raversi fired a taser into the
back of Miller’s trench coat. Possibly because of the multiple layers of
clothing Miller had on the taser was judged to have been “minimally
effective.” Romero used all his strength to secure Miller’s left hand that held
the knife with the blade exposed. He received a cut on his wrist in the
process.1 Sheehy pulled out a gun and ordered Miller to drop the knife.
Miller replied that he had. The knife was later located across the platform
under a bench. Miller was told to stay on the ground or he would be shot.
Miller pointed to his forehead and said, “Shoot me right here.” He was hit
with another taser dart, this time through an opening in the front of the
1 Romero testified that the cut was such that it did not require any
treatment.
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trench coat. He dropped to the ground and rolled on to his stomach. Miller
then put his hands underneath him and held them there with such force that
Sheehy had to use his baton to pry Miller’s arms free from under his body. It
took the officers 30 seconds, with Miller screaming the whole time, to get his
hands out from under him in order to place handcuffs on them.
DISCUSSION
As we have noted appellate counsel has filed a Wende brief and asks
the court to independently review the record for error. To assist the court in
its review and in compliance with Anders v California (1967) 386 U.S. 738
(Anders) counsel has identified three possible issues that were considered in
evaluating the potential merits of this appeal.
Whether there is sufficient evidence in the record to meet Miller’s
contention the police did not identify themselves adequately.
Whether there was sufficient evidence to show the exact location of the
encounter was in the city park.
Whether the 30-second encounter with police was sufficient to elevate
resisting attest to a felony offense.
We have independently reviewed the record as required by Wende and
Anders. We have not discovered any arguable issues for reversal on appeal.
Competent counsel has represented Miller in this appeal.
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DISPOSITION
The judgment is affirmed.
HUFFMAN, J.*
WE CONCUR:
KELETY, Acting P. J.
RUBIN, J.
* Retired Associate Justice of the Court of Appeal, Fourth Appellate
District, assigned by the Chief Justice pursuant to article VI, section 6 of the
California Constitution.
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