People v. Myles
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Myles, living in White’s home reported White, missing. Weeks later police executed a search warrant and found White’s body entombed beneath a basement workbench. An autopsy indicated blunt trauma to his head. Myles had used White’s identification to open credit accounts and made purchases of $13,000. Myles, who told inconsistent stories, was charged with murder, alleging that she personally inflicted great bodily injury, identity theft, forgery, and making false financial statements. Myles pled no contest to second-degree murder in exchange for dismissal of the other charges and the great bodily injury allegation. Myles was sentenced to 15 years to life in prison in 2006.
In 2019, Myles sought resentencing under Penal Code 1170.95. The court considered Myles’s statements from a parole risk assessment and parole suitability hearing, in which she admitted killing White by hitting him with a metal bottle, entombed him, and lied to his family. Myles unsuccessfully argued that evidence was subject to use immunity, and even if it were admissible, it would be admissible only for impeachment. The court denied the petition, stating, “it does not appear that this is a felony murder case, nor is it a case where the prosecution allegation is that [defendant] was an aider and abettor and that it was a natural and probable consequences theory of aiding and abetting … no one else was involved.“ The court of appeal affirmed, upholding the admission of the parole hearing evidence.
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