People v. Moore CA3

Filed 9/21/15 P. v. Moore CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C077156

Plaintiff and Respondent, (Super. Ct. No. 08F15)

v.

STEPHEN ARNOLD MOORE,

Defendant and Appellant.

Defendant Stephen Arnold Moore appeals from the trial court’s denial of his petition for recall of sentence under Penal Code section 1170.1261 based on the court’s finding that resentencing would pose an unreasonable risk of danger to public safety. He contends that the trial court’s finding is an abuse of discretion and denial of due process

1 Undesignated statutory references are to the Penal Code.

1

because it relies on facts not found in the record and ignores other relevant information. We affirm. BACKGROUND We take the facts of defendant’s current crime from this court’s opinion affirming his conviction and sentence. (See People v. Guilford (2014) 228 Cal.App.4th 651, 660- 661 [prior appellate opinion admissible to prove ineligibility in section 1170.126 proceeding].) “After consuming four beers and two drinks containing vodka, and without a valid driver’s license, defendant agreed to drive his girlfriend’s son to a friend’s house off of Lake Boulevard in Redding. As they reached the downtown area, defendant accelerated the vehicle to a high rate of speed, ignoring his passenger’s requests to slow down. Defendant ran a red light at the intersection of Pine Street and Shasta Street and smashed into a vehicle that was legally entering the intersection. The driver of the impacted vehicle was David Doty. Doty suffered two broken fingers on his left hand, numerous deep-tissue bruises on the left side of his body, and a bone spur was broken loose from his spinal column near his neck. Doty’s sons, Daniel and Joel, were passengers during the collision. Daniel suffered numerous facial fractures and severe bruising to the left side of his body and face. Joel was not seriously injured. “Following the accident, defendant left the vehicle and ran northbound on Pine Street. Defendant’s passenger, Randall Long, remained at the scene of the accident until police arrived. Long told officers of the Redding Police Department the accident occurred because defendant ran a red light, he had been drinking, and he took off on foot immediately following the accident. While officers were at the scene, defendant’s girlfriend called police dispatch to report the vehicle stolen. She said she last saw defendant chasing after the vehicle on foot as the unidentified car thief drove off. Roughly two hours later, police made contact with defendant, who also said the vehicle was stolen. Defendant denied involvement in the accident even after being informed