People v. Moore CA1/5

Filed 6/24/25 P. v. Moore CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, A169660 Plaintiff and Respondent, v. (Alameda County STAVON PORTASHAY MOORE, Super. Ct. No. 22CR003736A)

Defendant and Appellant.

Defendant Stavon Portashay Moore appeals a final judgment following his trial for murder, attempted murder, and possession of a firearm and ammunition as a convicted felon. The jury acquitted him of murder and attempted murder but found him guilty of possession of a firearm and ammunition as a convicted felon. Moore admitted five circumstances in aggravation and admitted that he had suffered three prior convictions, including a prior strike conviction. The trial court sentenced him to the upper term of six years in state prison. On appeal, Moore argues that his counsel provided ineffective assistance at sentencing by failing to present

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mitigating evidence of his childhood trauma pursuant to Penal Code section 1170, subdivision (b)(6).1 We find no prejudice and affirm. I. BACKGROUND A. Procedural History A felony information charged Moore with: (1) murder (§ 187, subd. (a); count 1); (2) attempted murder (§§ 187, subd. (a), 664; count 2); (3) possession of a firearm by a convicted felon (§ 29900; count 3); and (4) possession of ammunition by a convicted felon (§ 30305, subd. (a)(1); count 4). The information also alleged various aggravating factors under California Rules of Court, rule 4.4212 and that Moore had suffered three prior convictions, including one strike conviction. (§§ 1170.12, subd. (c)(1); 667, subd. (e)(1).) Following trial, the jury acquitted Moore of murder and attempted murder, as well as the lesser included offenses of voluntary and involuntary manslaughter, attempted voluntary and involuntary manslaughter, and assault with a deadly weapon. The jury, however, found Moore guilty of possession of a firearm and possession of ammunition by a convicted felon (counts 3 and 4). Moore admitted to five circumstances in aggravation that the trial court found true: (1) he was armed with or used a weapon during the crime (rule 4.421(a)(2)); (2) his prior convictions were numerous and increasing in seriousness (rule 4.421(b)(2)); (3) he served a prior prison term (rule 4.421(b)(3)); (4) he was on parole when the crime was committed