Filed 8/25/20 P. v. Jiles CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE,

Plaintiff and Respondent,

v.

MARIAH MILIK

A JILES

,
Defendant and Appellant. B 302985

(Los Angeles County Super. Ct. No. BA 424131 )

APPEAL from an order of the Superior Court of Los Angeles County, Robert Perry, Judge. Affirmed. Benjamin Owens , under appointment by the Cou rt of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

___________________________________2 In 2014, Mariah Jiles fired a gun at Leon Merritt from the backseat of a van, with her two

- year

- old child beside her, wounding Merritt. She was convicted of attempted premeditated
murder

, shooting into an occupied vehicle, and felony child endangerment , and it was found true that she personally discharged a firearm causing great bodily injury

. Jiles was
sentenced to a term of l ife for the attempted murder, plus 25

- to

life for the attendant firearm allegation, plus two year s for child endangerment. The court stayed sentence s for shooting at an occupied motor vehicle and the attendant firearm finding

. We affirmed the conviction but remanded the case for the
trial court to exercise its newfound discretion to strike the firearm enhancement pursuant to recently amended Penal Code section 12022.53, subdivision (h). ( People v. Mosby (Jan. 31, 2019, B281541) [nonpub. opn.].)
At res entencing, Jiles requested that the firearm
enhancement be stricken , and argued that she could not be sentenced to a life term for attempted premeditated murder

— but only seven years for unpremeditated attempted murder

— because
the second amended information contained no premeditation allegation. T he trial court upheld the premeditation allegation

, struck the Penal Code se ction 12022.53, subdivision (d)
enhancement (25

- to

- life for discharg ing a firearm and causing
great bodily injury during an attempted murd er), and imposed instead the subdivision (b) enhancement (10 years for personally using a firearm during an attempted murder )

. Jiles appeals. We appointed counsel to represent Jiles on appeal. After examination of the record, appointed counsel filed a n opening brief raising no issues and asking this court to review the record3

independently. ( People v. Wende (1979) 25 Cal.3d 436, 441

- 442.)
On June 25, 20 20 , we sent letters to Jiles and appointed counsel, directing counsel to forward the appellate reco rd to Jiles and advising h er that within 30 days s he could personally submit any
contentions or issues that s he wished us to consider. Sh e has not responded. We have examined the entire record and find no arguable issue exists, and are therefore satisfie d Jiles ’s attorney complied with h is responsibilities. ( Id . at p. 441.)
DISPOSITION
The order is affirmed.
NOT TO BE PUBLISHED

CHANEY, J.

We concur:

ROTHSCHILD, P. J.

BENDIX , J.