People v. Moyer CA3

BACKGROUND

The information charged Moyer with murder (§ 187, subd. (a)), conspiracy to commit murder (§§ 182, subd. (a)(1), 187, subd. (a)), insurance fraud (§ 550), and attempted escape while felony charges are pending (§ 4532, subd. (b)). The information further alleged the special circumstance that the murder was committed for financial gain. (§ 190.2, subd. (a)(1).) The facts of the underlying offense are set forth in the appellate opinion from Moyer’s prior appeal. (People v. Moyer (Aug. 30, 1996, C019477) [nonpub. opn.] (Moyer).)2 Succinctly stated, in this case, a “[w]ealthy widow marries [an] unfaithful man who takes financial advantage of her, leading to her murder.” (Ibid.) Moyer met the victim in 1983, began dating her in 1991, and married her in 1992. He also maintained a dating relationship with a second woman during this time. Prior to dating Moyer, the victim’s first husband died in an air crash and the victim received a substantial legal settlement. Moyer told an associate the marriage came with a one-year guarantee: If he was not happy in a year, he would leave the marriage with $1 million.

2 On our own motion we incorporate the prior opinion into the record by…