### 1

Filed 12/1/15 P. v. Miller CA3 

### NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Butte)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

JEREMY EUGENE MILLER,

Defendant and Appellant. C078966

(Super. Ct. No. CM042312, CM042417)

Appointed counsel for defendant Jerem y Eugene Miller has filed an opening brief that

sets forth the facts of the case and asks this court to review the record and determine whether

there are any arguable issues on appeal. 1 ( People v. Wende (1979) 25 Cal. 3d 436 ( Wende ).)

1 

### Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.

### 2

Having reviewed the record as requi red by Wende , we order a correction to the abstract of

judgment and affirm.

I. BACKGROUND

We provide the following brief description of the facts and procedural history of the case.

(See People v. Kelly (2006) 40 Cal. 4th 106, 110, 124.)

On December 12, 2014, a police officer located a vehicle he believed to be stolen, with

license plates that did not match the vehicle . Another officer located a second vehicle of the

same make

, that had license plates belong ing to the first vehicle . Officers approac hed the second

vehicle, located defendant in the driver’s seat , and ordered him to get out of the car.

Defendant said that he had been paid to install a stereo in the vehicle; however, other than

the person’s first name, he could not provide any informa tion about who had hired hi m . A

search of the car uncovered several items belonging to the owner of a third stolen car. Defendant

was taken into custody , booked at the county jail, and subsequently released

. Defendant was charged in Butte County case No. CM042417 with vehicle theft with a

prior conviction for vehicle theft (Veh. Code, § § 10851, subd. (a), 666.5), and receipt of a stolen

vehicle (Veh. Code, § 496d, subd. (a)). As to both counts, it was alleged that defendan t had

served three prior pris on term s within the meaning of Penal Code section 667.5 , subdivision (b)

.

On December 28, 2014, police officers responded to a report of two apartments being

burglarized

. Officers surrounded the apartments in question and observed a male inside one of

the units. The resident was contact by phone

, and police confirmed that all of the residents were

out of town and that no one should be in the apartment

. D efendant was found hiding under the

bed of the apartment, after having refused to exit upon the officers’ commands.

A witness had seen defendant enter the apartments and showed officers which vehicle

belonged to him. A set of keys for that vehicle were found where defendant had been hiding. A

search of that vehicl e uncovered three flat

- screen televisions, a glass bong, a small digital scale,

multiple keys, screwdrivers, wires, and headphones. The vehicle had been reported stolen.

### 3

Defendant was charged in Butte County case No. CM042312 with two counts of burglar y

(Pen. Code, § 459), one count of receipt of a stolen vehicle (Veh. Code, § 496d, subd. (a)), and

one count of vehicle theft (Veh. Code, § 10851, subd. (a)). As to all counts, it was alleged that

defendant had served a prior prison term within the meanin g of Penal Code section 667.5

, subdivision (b)

. On January 15, 2015, d efendant pled no contest to first degree burglary in case No.

CM042312

, and to receiving a stolen vehicle in case No. CM042417. The remaining charges

and enhancements were dismissed with a Harvey waiver. 2

Sentencing took place on March 5, 2015. The trial court sentenced defendant to the

upper term of six years for the first degree burgla ry , and a consecutive eight months (one

- third

the midterm) for the receipt of the stolen vehicle. The trial court imposed various fines and fees,

and awarded defendant 144 days of presentence custody credit.

Defendant filed a timely notice of appeal. His request for a certificate of probable cause

was denied. (Pen. Code, § 1237.5.)

II. DIS CUSSION

In our review of the record, we found one omission in the abstract of judgment that

requires correction. The trial court ordered victim restitution to Robert Blethen in the amount of

$3,130.92, interest to accrue from the date of sentencing. That victim restitution was omitted

from the abstract of judgment. Accordingly, we shall direct the trial court to p repare a corrected

abstract of judgment reflecting the victim restitution as ordered. ( People v. Mitchell (2001)

26 Cal. 4th 181, 185.)

Having undertaken an examination of the entire record, we find no arguable error that

would result in a disposition m ore favorable to defendant.

2 

### People v. Harvey (1979) 25 Cal.3d 754.

### 4 I I I. DISPOSITION

The judgment is affirmed. The trial court is directed to prepare a corrected abstract of judgment

reflecting the victim restitution to Robert Blethen in the amount of $3,130.92, interest to accrue

from the d ate of sentencing, ordered in case No. CM042312, and forward a certified copy thereof

to the Department of Corrections and Rehabilitation.

/S/

RENNER, J.

We concur:

/S/

RAYE, P. J.

/S/

HOCH, J.