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PEOPLE v. MILLER

No. F061552.

202 Cal.App.4th 1450 (2012)

THE PEOPLE, Plaintiff and Respondent, v. PATRICK DISNEY MILLER, Defendant and Appellant.

Court of Appeals of California, Fifth District.

January 27, 2012.

Attorney(s) appearing for the Case

Cron, Israels and Stark, Philip D. Israels and Sam J. Israels for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and J. Robert Jibson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FRANSON, J.—

Appellant Patrick Disney Miller appeals the trial court's denial of his motion to vacate his plea and modify his conviction from a felony to a misdemeanor. Miller was charged in an August 2004 complaint with unlawful possession of diazepam (Valium), as a felony under Health and Safety Code section 11350, subdivision (a) (section 11350(a)),1 driving under the influence (DUI), as well as...

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