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People v. Miller

California Court of Appeals, First District, Fifth Division

November 26, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
JARROD JOSEPH MILLER, Defendant and Appellant.

[CERTIFIED FOR PARTIAL PUBLICATION[*]]

Superior Court of Sonoma County, No. SCR598331, Hon. Kenneth J. Gnoss, Judge.

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COUNSEL

Kyle Gee, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Jeffrey M. Laurence and Christopher W. Grove, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SIMONS, Acting P.J.

Defendant and appellant Jarrod Joseph Miller (defendant) was convicted of first degree murder and residential burglary with firearm enhancements. Defendant contends that the trial court abused its discretion in precluding the defense expert psychologist from disclosing statements by defendant that appear in the report of another psychologist, which the expert relied upon in reaching his opinion that defendant has paranoid schizophrenia. In the published portion of this decision, we reject this argument. In the unpublished portion of this decision, we reject defendant’s contentions the trial court erred in its instructions regarding imperfect self-defense and in permitting a member of the jail’s mental health staff to testify as an expert at trial. We affirm the judgment below.

PROCEDURAL BACKGROUND

In November 2011, the Sonoma County District Attorney filed an information charging defendant with first degree murder (Pen. Code, § 187, subd. (a); count one) and residential burglary (Pen. Code, § 459; count two). The information alleged in connection with count one that defendant intentionally discharged a firearm causing death (Pen. Code, § 12022.53, subd. (d)) and in count two that he personally used a firearm (Pen. Code, § 12022.5, subd. (a)).

In February 2012, a jury convicted defendant of both counts as charged and found the firearm use allegations true. In April, the trial court sentenced

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defendant to a prison term of 25-years to life on count one and a consecutive term of 25-years to life for the firearm use enhancement; the court stayed the sentence on count two.

FACTUAL BACKGROUND

The Prosecution Evidence

In or around the year 2009, defendant’s sister, Amanda Miller, [1] and her boyfriend Tim Neuer moved from a rented house in Cloverdale to a residence in Healdsburg. Amanda and Neuer continued to rent the Cloverdale residence, where Amanda grew marijuana; Amanda testified it was for ...


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