People v. Myles
Annotate this CaseDefendant and co-defendant were convicted of murder and the jury found true the special circumstance allegations that the murder was committed while defendant and co-defendant were engaged in the commission of a robbery. The jury also convicted defendant of the second degree robbery of two other victims and unlawful possession of a firearm. In connection with the murder and robbery counts, the jury found true allegations that defendant personally used a handgun. In a separate, subsequent proceeding, the same jury convicted defendant of the first degree murder of Harry "Ricky" Byrd, and found true the special circumstance allegation that defendant had been convicted of more than one murder and the allegation that defendant personally used a handgun in the murder. Defendant was sentenced to death and this appeal was automatic. The court ordered that the abstract of judgment be corrected to conform to the trial court's oral pronouncement that the Penal Code section 12022.5, subd. (a), gun use enhancement relating to count 1 (murder of Byrd) was 10 years, and the Penal Code section 12022.5, subd. (a), gun use enhancement relating to count 3 (robbery of Krystal Anderson) was stayed. The judgment was affirmed as so corrected.
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