P. v. Miller
Bruce Wayne Miller appeals from the judgment entered following his conviction by a jury of burglary in the first degree (Pen. Code, 459, 460, subd. (a)), assault with intent to commit a forcible act of sexual penetration ( 220), and threatening to commit a crime that would result in death or great bodily injury. ( 422.) The trial court found true allegations that appellant had been convicted of four prior serious felony offenses within the meaning of section 667, subdivision (a)(1), and California's "Three Strikes Law." ( 667, subds. (b)-(i), 1170.12.) Appellant was sentenced to a determinate term of 20 years for the four prior serious felony offenses within the meaning of section 667, subdivision (a)(1). In addition, appellant was sentenced to three concurrent indeterminate terms of 25 years to life to be served consecutively to the 20 year determinate term. One of the concurrent terms was stayed pursuant to section 654.
Appellant contends that the trial court erred in (1) admitting evidence of a prior 1972 sexual offense; (2) instructing the jury pursuant to CALJIC No. 2.50.01; (3) refusing to give his requested instruction on the defense of unconsciousness; and (4) instructing the jury pursuant to CALJIC No. 4.30. In addition, appellant contends that the prosecutor committed misconduct on several occasions during closing argument. Court affirm.
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