People v. Moye CA3

Filed 10/16/15 P. v. Moye CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C076676

Plaintiff and Respondent, (Super. Ct. No. 12F01206)

v.

EUGENE NMNI MOYÉ,

Defendant and Appellant.

Appointed counsel for defendant Eugene Nmni Moyé has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

1

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

Defendant (then 75 years old) and Abondo Sanders, Sr. (34 years old), were neighbors with a history of animosity toward each other. On the evening of November 20, 2011, there were approximately 14 children at Sanders’s home, and he had been drinking alcohol. The kids were rowdy, so Sanders had them run laps around the neighborhood; eight or nine of them went running; Sanders was running at the back of the group.

On the second lap, Sanders saw defendant walk to the sidewalk, blocking it as the kids ran by. Sanders told defendant, “Get [your] old ass back in the house.” Defendant responded: “Fuck you, little punk.” Sanders responded in kind. Now standing a couple of feet away from defendant, Sanders saw defendant reach into the pocket of the robe he was wearing, where Sanders also saw the handle of a gun. Sanders taunted defendant: “You got a gun and you ain’t gonna do nothing with it.” Defendant lunged forward quickly and Sanders flinched backward. Sanders then heard what sounded like two gunshots; he was hit once in the left hip. Defendant shot him through the robe pocket. Defendant walked back into his house. Sanders walked to the corner and asked his son to call the police.

Sanders was taken to the hospital where he underwent surgery and where he remained for eight or nine days. His blood-alcohol level on admission was 0.17 percent.