People v. Myles CA4/2

FACTS

On April 20, 1996, Myles took an accomplice, Tony Rogers, with him to rob a

restaurant. Myles ordered Rogers to hold a gun on employees in the kitchen, and to shoot

anyone who tried to leave. Meanwhile, Myles robbed the patrons and took money from

the cash register. When one of the patrons tried to take Rogers’s gun, Rogers shot him

several times, killing him. (People v. Myles (2012) 53 Cal.4th 1181, 1189-1190 (Myles).)

A jury convicted Myles of first degree murder (§ 187, subd. (a)) and found true the

special circumstance allegation that the murder was committed while Myles was engaged

in the commission of robbery (§ 190.2, subd. (a)(17)(A)). The jury also convicted Myles

of two counts of second degree robbery (§ 211) and one count of unlawful possession of

a firearm (former § 12021, subd. (a)(1) (now § 29800, subd. (a)(1); Stats.2010, ch. 711)).

2 It found true the allegation that Myles personally used a handgun. (§ 12022.5, subd. (a).)

(Myles, supra, 53 Cal.4th at p. 1186.)

On July 12, 2019, Myles filed a petition for resentencing under section 1170.95,

and the court appointed him counsel. The trial judge hearing the petition was the same

judge who presided…