People v. Myers CA2/1

── People v. Myers CA2/1 ── Court: California Court of Appeal Date: June 04, 2026 Category: General Filed 6/4/26 P. v. Myers CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE THE PEOPLE, B341274 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A577750) v. BYRON CHAPIN MYERS, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Los Angeles County, Dorothy L. Shubin, Judge. Affirmed with directions. Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Wyatt E. Bloomfield and Christopher G. Sanchez, Deputy Attorneys General, for Plaintiff and Respondent. _______________________  Byron Chapin Myers appeals from a judgment entered after resentencing, contending the superior court erred by reimposing upper terms for his kidnapping, rape, and forcible oral copulation convictions. We disagree and affirm, subject to ordering the abstract of judgment modified to correct the calculation of Myers’s custody credits and another clerical error. BACKGROUND In 1989, a jury convicted Myers of kidnapping (Pen. Code,1 § 207, subd. (a); count 1), robbery (§ 211; count 2), unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a); count 3), forcible rape (§ 261; count 4), forcible oral copulation (§ 288a; count 5), kidnapping for robbery (§ 209, subd. (b); count 6), and felon in possession of a firearm (§ 12021, subd. (a); count 7). The jury also found true that Myers personally used a firearm. (§§ 12022.3, subd. (a), 12022.5, subd. (a).) Myers later admitted he had served a prior prison term. (§ 667.5, former subd. (b).) Myers was ultimately sentenced to imprisonment for life with the possibility of parole plus 36 years four months, calculated as follows: a life term plus two years on count 6, eight years plus two years on count 1, eight months on count 3, eight years plus three years on count 4, eight years plus three years on count 5, eight months for count 7, and one year for the prior prison term enhancement. Count 2 was stayed. The sentences imposed on counts 1, 4, and 5 were the upper term (plus enhancements). The abstract of judgment (filed in 1992) failed to include the two-year firearm enhancement on count 6 despite the court’s imposition of it. It accordingly misstated the determinate 1 Undesignated statutory references are to the Penal Code. 2 portion of the sentence as 34 years four months instead of the correct amount of 36 years four months. The court awarded 445 days of custody credit (247 actual days and 198 conduct days). After the Department of Corrections and Rehabilitation (CDCR) identified Myers as eligible for resentencing, the court appointed counsel for Myers and that counsel requested resentencing pursuant to section 1172.75. The People objected to any reduction of the sentence beyond striking the one-year prior prison term enhancement. That objection was based primarily on Myers’s offense conduct, which involved him kidnapping a college student, commandeering her car, and forcing her into the car’s trunk. After driving around for about 40 minutes with his victim in the trunk, Myers released her and, at gunpoint, made her withdraw cash from a