P. v. Miller
A jury found defendant guilty of possession of cocaine base for sale in violation of Health and Safety Code section 11351.5. In a separate bench trial, the trial court found defendant suffered three serious or violent felony convictions under the three strikes law (Pen. Code, 1170.12, subds. (a)-(d), 667, subds. (b)-(i)) and had served four prior prison terms ( 667.5, subd. (b)). The trial court granted defendants Romero motion, struck two of the strike convictions, and dismissed the prior prison term enhancements. Defendant received a one strike sentence of eight years, consisting of a four-year middle term doubled.
In his timely appeal, defendant contends (1) the trial court violated his state and federal constitutional rights to counsel and a fair trial by denying his request to discharge retained counsel, and (2) defendants rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) were violated when the prosecution improperly commented on defendants post-arrest silence in violation Doyle v. Ohio (1976) 426 U.S. 610 (Doyle). Court reject both contentions. The trial court acted within its discretion in denying defendants untimely request to discharge counsel, and defendant forfeited his Doyle error claim by failing to interpose a timely and specific objection below.
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