IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. JOHNNY DUANE MILES, Defendant and Appellant. S086234 San Bernardino County Superior Court FSB09438 May 28, 2020 Justice Groban authored the opinion of the Court, in which Chief Justice Cantil-Sakauye and Justices Chin, Corrigan, Cuéllar, and Kruger concurred. Justice Liu filed a dissenting opinion. PEOPLE v. MILES S086234 Opinion of the Court by Groban, J. On March 17, 1999, a jury in San Bernardino County convicted defendant Johnny Duane Miles of burglary and first degree murder, first degree forcible rape, second degree robbery, and false imprisonment by violence of Nancy Willem. The jury found true the special circumstances that Willem was killed during the commission of the burglary, rape, and robbery (Pen. Code, § 190.2, subd. (a)(17))1 and that the murder was intentional and involved the infliction of torture (§ 190.2, subd. (a)(18)). The jury also convicted defendant of 10 additional counts related to two separate incidents and found true the enhancement allegations relating to those counts. Following the penalty phase, the jury reached a verdict of death. After denying defendant’s motion to modify the verdicts (§ 190.4, subd. (e)), the trial court sentenced defendant to death. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment. I. FACTUAL BACKGROUND A. Guilt Phase 1. Prosecution Case This case arises from three separate incidents occurring in February 1992: (1) the murder, rape, robbery, and false 1 All further statutory references are to the Penal Code unless otherwise indicated. 1 PEOPLE v. MILES Opinion of the Court by Groban, J. imprisonment by violence of Nancy Willem and the burglary preceding her death; (2) the rape, robbery, false imprisonment by violence, and penetration by a foreign object of Christine C.; and (3) the robbery and false imprisonment by violence of Melvin Osburn and the rape, robbery, false imprisonment by violence, and penetration by a foreign object of Carole D. a. Nancy Willem On February 4, 1992, Nancy Willem did not come home from work at the Behavioral Health Services Clinic in Rialto. That evening, her roommate, Kristen Schutz, started calling the clinic, but the clinic’s phone lines were busy. When Schutz was not able to reach Willem, Schutz drove to the clinic. After entering the building through an unlocked back door, she found the door to the clinic ajar. As she entered the clinic, she saw the reception area had been ransacked. She followed the blood on the floor from the reception area into one of the offices. There, she found Willem’s naked body between a couch and a coffee table. There was a telephone cord tied to her wrist and a sweater wrapped around her neck. There was also a handwritten note found on top of her abdomen that read: “Feed the poor. Down with the goverenment [sic].” Schutz tried to call the police but realized that the telephone cords were missing. Once she reconnected one of the cords, she called 911. The police arrived and pronounced Willem dead …Original document

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