People v. Miller

Opinion

BAMATTRE-MANOUKIAN, Acting P. J.

I. INTRODUCTION

Defendant Timothy Desmond Miller entered into a negotiated plea agreement in which he pleaded no contest to one felony count in each of three drug offense cases in exchange for an aggregate sentence of either six years or six years eight months. The length of the aggregate term was to be determined by the trial court at the time of sentencing. The trial court chose the longer aggregate sentence of six years eight months pursuant to Penal Code section 1170.1.

On appeal, defendant contends that the trial court failed to exercise its…