People v. Miller CA4/1

── People v. Miller CA4/1 ── Court: California Court of Appeal Date: April 27, 2026 Category: General Filed 4/27/26 P. v. Miller CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, D085911 Plaintiff and Respondent, (Super. Ct. No. BAF2100510) v. GANNON KELLY MILLER, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Riverside County, Mark E. Singerton, Judge. Affirmed. Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Arlene A. Sevidal, Assistant Attorney General, Donald W. Ostertag and Robin Urbanski, Deputy Attorneys General, for Plaintiff and Respondent. INTRODUCTION A jury convicted Gannon Kelly Miller on two counts of lewd act upon Jane Doe (Jane), a child under the age of 14 (Pen. Code, § 288, subd. (a); counts 1 and 2).1 The trial court found Miller had a prior strike conviction (Pen. Code, §§ 1170.12, subd. (c)(1) and 667, subd. (c) & (e)(1)) and sentenced him to an aggregate prison term of 16 years.2 On appeal, Miller asserts the trial court erred by excluding evidence of Jane’s prior “sexual conduct.” Finding no abuse of discretion, we affirm. BACKGROUND Jane was 17 and in the 12th grade at the time of Miller’s trial. During the relevant period, she lived with her mother in Banning and often went to her father and stepmother’s home in Beaumont (and later Cabazon) to visit her half-siblings, including her younger half-sister Jane Doe 2. Jane’s stepmother met Miller sometime in 2015 or 2016. She worked at a Dollar Tree store and Miller—who went by “Juan”3—would frequently come in as a customer, or sometimes just to “say hello.” Eventually, in 2019, the stepmother brought Miller to the family home to help “run the house,” including yard work, cleaning, and “play[ing] with the kids” while she cooked dinner or did the laundry. She didn’t pay Miller for his help but rather offered him work to “get him off the street.” 1 The jury acquitted Miller on two counts of lewd act upon Jane Doe 2, a child under the age of 14 (Pen. Code, § 288, subd. (a); counts 3 and 4), which consequently eliminated the allegation of multiple victims under the One Strike law (Pen. Code, § 667.61, subd. (e)(4)). We limit our discussion to the conviction offenses in counts 1 and 2. 2 The sentence consisted of 12 years in count 1 (the middle term of six years, doubled for the strike prior) and a consecutive four years on count 2 (one-third of the middle term of two years, doubled for the strike prior). 3 During his testimony, Miller explained his given name at birth is Gannon Juan Guzman and he sometimes went by Juan. 2  Miller was “often” at the family’s home. And because Jane’s stepmother and father came to trust and consider him a friend, they would leave their children alone with Miller. Jane first met Miller at her father’s Beaumont home when she was in sixth grade. Like the other children, Jane called him “Uncle Juan.” On two occasions, Miller touched Jane inappropriately. The first time Jane was at her father’s house in Beaumont. She was alone in the living room, lying down on a couch, and watching YouTube on her phone. Her half- siblings and father were home but in other rooms. Miller came