People v. Moore

[1870]

Opinion

BOREN, J.

A jury convicted appellants Rodney Moore and Wali Ameer Webb of willful, deliberate and premeditated attempted murder (Pen. Code, §§ 664/187). The jury also found Moore guilty of second degree robbery with the personal use of a firearm (Pen. Code, §§ 211 & 12022.5) and found Webb had personally used a firearm and inflicted great bodily injury in the commission of the offense (Pen. Code, §§ 12022.5 & 12022.7). Both defendants waived jury as to allegations that Moore had suffered two prior serious felony convictions and that Webb had suffered one. (Pen. Code, § 667, subd. (a).) The court found the allegations true.

We affirm the judgments and deny Moore’s petition for writ of habeas corpus. In the unpublished portion of this opinion we deal with appellants’ contentions on appeal that the evidence was insufficient, that the trial court improperly admitted evidence regarding gang practices, and that the trial court committed instructional error; we also address therein Moore’s habeas corpus contention that he was denied effective assistance of counsel.

In the published portion of this opinion we determine that a felony battery committed by means of “serious bodily injury” (Pen. Code, § 243, subd. (d)) may be used to enhance a sentence under the “serious felony” provisions of Penal Code sections 667, subdivision (a), because the term “serious bodily injury” is essentially equivalent to and synonymous with the term “great bodily injury,” as required by Penal Code section 1192.7, subdivision (c)(8).

Statement of Facts

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Discussion

I-IV*

V

Moore urges that the trial court erred in enhancing his sentence by five years pursuant to the prior serious felony provisions of Penal Code section 667. He contends that his prior conviction for battery (Pen. Code, § 243, subd. (d)) does not come within the purview of section 667.

[1871]