People v. Miles CA2/7

── People v. Miles CA2/7 ── Court: California Court of Appeal Date: May 15, 2026 Category: General Filed 5/15/26 P. v. Miles CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN THE PEOPLE, B339031 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA017891-01) v. JEFFREY LEWIS MILES, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Los Angeles County, Alan Honeycutt, Judge. Affirmed as modified with directions. Debbie Yen, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, Allison H. Chung, Deputy Attorney General, for Plaintiff and Respondent.  INTRODUCTION In 1994 Jeffrey Lewis Miles pleaded guilty to murder (Pen. Code, § 187, subd. (a))1 and robbery (§ 211) and admitted allegations he committed the murder while engaged in a robbery (§ 190.2, subd. (a)(17)), personally used a firearm in committing the crimes (§ 12022.5, subd. (a)), suffered a prior serious felony conviction (§ 667, subd. (a)), and served a prior prison term (§ 667.5, former subd. (b)). On his murder conviction the trial court sentenced Miles to life in prison without the possibility of parole, plus determinate terms on the various enhancements. On his robbery conviction the court imposed and stayed execution of the upper term of five years, plus four years for the firearm enhancement. Thirty years later the Legislature enacted section 1172.75, which invalided most one-year enhancements for a prior prison term. The superior court recalled Miles’s sentence under section 1172.75 and resentenced him. On his murder conviction the court sentenced Miles to life without the possibility of parole, plus five years for the firearm enhancement. On his robbery conviction the court imposed and stayed execution of the middle term of three years, plus five years for the firearm enhancement. Miles argues the court abused its discretion in sentencing him to the (stayed) middle term, instead of the lower term, on his robbery conviction and in declining to strike the firearm 1 Undesignated statutory references are to the Penal Code. 2 enhancement under section 12022.5, subdivision (a).2 Miles also requests that, in light of legislation that became effective after the superior court resentenced him, we strike the $300 restitution fine under section 1202.4, subdivision (b). The People ask us to direct the superior court to correct the minute order of the sentencing hearing and the abstract of judgment to conform to the oral pronouncement of judgment. We conclude that the restitution fine should be stricken and that the abstract of judgment corrected, but that otherwise the judgment should be affirmed. FACTUAL AND PROCEDURAL BACKGROUND A. Miles Pleads Guilty to Murder and Robbery, and the Trial Court Sentences Him On November 28, 1993 a clerk at a convenience store called the 911 emergency operator to report he had been robbed and shot by “two black males in their early 20’s.” The clerk subsequently died from a single gunshot wound to the chest. Later that evening, police officers conducted a traffic stop and arrested Miles and another individual for the crimes. In June