People v. Giles CA2/3

INTRODUCTION

Defendant Morris Anthony Giles II, a former probation officer, provided cocaine to a woman who subsequently stopped breathing. Instead of calling 911, defendant spent an hour trying to revive the victim himself. He put her in the shower; he shoved various items down her throat—including a toothbrush, a hairbrush, and a turkey baster; and he punctured her throat with a pair of scissors in a failed attempt to perform a tracheotomy. Although he was charged with murder, defendant pled guilty to involuntary manslaughter and was sentenced to four years in county jail. After his release, he asked the trial court to expunge his conviction. The court denied the motion, and defendant appeals, claiming the court’s ruling was an abuse of discretion. We affirm.

PROCEDURAL BACKGROUND

By criminal indictment filed July 23, 2010, defendant was charged with one count of murder (Pen. Code,1 § 187, subd. (a); count 1), one count of involuntary manslaughter (§ 192, subd. (b); count 2), and one count of furnishing a controlled substance (Health & Saf. Code, § 11355; count 3). On June 22, 2012,2 under a plea agreement, defendant waived his constitutional rights and pled guilty to count…