P. v. Miner
Appellant, Gregory D. Miner, was convicted of first degree murder with special circumstances, first degree residential robbery, and first degree burglary, and was sentenced to life in prison without the possibility of parole. He challenges his convictions, arguing that (1) his confession was coerced; (2) his expert witness on Vicodin addiction was erroneously excluded; and (3) the statute of limitations had run on the robbery and burglary charges, alleged in counts 3, 4, and 5. Miner challenges his sentence on one of the robbery counts (count 3) under Cunningham,[1]as well as his sentence of life without parole, claiming that it is cruel and unusual under the California and federal Constitutions. We reject Miners claims as to the murder convictions (counts 1 and 2), and affirm those convictions. Respondent agrees that we should remand the robbery and burglary counts (counts 3, 4, and 5) for a hearing on the statute of limitations, and we conditionally reverse the convictions on those counts for further proceedings.
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