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Legal Opinion

People v. Miller

California Court of Appeal

Decided December 15, 1989No. A044641PublishedCited by 10 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

STRANKMAN, J.

I. Background

Appellant Harry Benjamin Miller II was charged with six felony counts of sale of heroin (Health & Saf. Code, § 11352) and one felony count of possession of heroin (Health & Saf. Code, § 11351). Pursuant to a negotiated plea bargain, appellant pled guilty to three sale counts, and the trial court dismissed the remaining four counts with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754 [159 Cal.Rptr. 696, 602 P.2d 396]) as to the dismissed sale counts, i.e., with the reservation that these three counts could be considered at the time of sentencing.

The…

2Cases cited4 opinions

  1. People v. HarveyCalifornia Supreme Court · 1979
  2. People v. DowningCalifornia Court of Appeal · 1985
  3. People v. SernaCalifornia Court of Appeal · 1988
  4. People v. McGheeCalifornia Court of Appeal · 1988

3Cited by10 opinions

  1. People v. FosterCalifornia Court of Appeal · 1993
  2. People v. SextonCalifornia Court of Appeal · 1995
  3. County of Alameda v. State Board of ControlCalifornia Court of Appeal · 1993
  4. People v. ValdezCalifornia Court of Appeal · 1994
  5. People v. FrancoCalifornia Court of Appeal · 1993

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