A key prosecution witness in the Dystiny Myers murder trial reneged on his deal to testify Monday, invoking his Fifth Amendment right not to incriminate himself.
The surprise development occurred in San Luis Obispo County Superior Court on a day when the prosecution expected Cody Lane Miller to testify in the trial of Frank Jacob York and his mother, Rhonda Maye Wisto.
York and Wisto are facing murder charges in the Sept. 26, 2010, death of Myers, 15, of Santa Maria.
Miller had agreed in January to testify in exchange of a sentence of 39 years and four months to life in prison. With his decision to violate the terms of his guilty plea, a new trial date will be set for Miller.
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Patrick S. Pemberton is a reporter for the San Luis Obispo Tribune. Contact him at ppemberton@thetribunenews.com.








