P. v. Miller
Appellant Martin Daree Miller was convicted after jury trial of the premeditated murder of Jesse Rios (count 1, Pen. Code,[1] 187, subd. (a)), and of the attempted murder of Dario Davalos (count 2, 664, 187, subd. (a)). The jury also found as to count 1 that Miller personally and intentionally discharged a firearm in the commission of the offense causing great bodily injury to Rios. ( 12022.53, subd. (d).) With respect to count 2, the jury found that Miller had personally and intentionally discharged a handgun in the commission of the offense ( 12022.53, subd. (c)), and that he had personally and intentionally discharged a firearm causing great bodily injury to Davalos. ( 12022.53, subd. (d).)
Miller was sentenced on the murder count to 25 years to life, plus an additional consecutive 25 years to life for the section 12022.53, subdivision (d), enhancement. On the attempted murder count, the court imposed the middle term of seven years, plus a third 25-years-to-life term for the section 12022.53, subdivision (d), enhancement. The court stayed the remaining firearm enhancements. The total term is 82 years to life. Miller was 24 years of age at the time of trial.
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