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 2 in the commission of robbery (§ 190.2, subd. (a)(17)(A)). The trial judge sentenced

2The 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)). It found true the allegation that Myles personally used a handgun. (§ 12022.5, subd. (a).) (Myles, supra, 53 Cal.4th at p. 1186.)

3 Myles to death on two counts, and a total determinate term of 11 years four months on

the remaining counts.

In 2015 and 2016, the California Supreme Court…