People v. Moore CA2/5

Filed 12/8/15 P. v. Moore CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B260667

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA007617) v.

ROOSEVELT MOORE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard R. Romero, Judge. Affirmed. David H. Goodwin, under appointment by the Court of Appeal, for Defendant and Appellant. Lance Winters, Senior Assistant Attorney General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant, Roosevelt Moore, appeals from a resentencing following a grant of a federal habeas corpus petition. Defendant was convicted of: nine counts of forcible rape under Penal Code section 261, subdivision (a)(2)1; seven counts of forcible oral copulation under section 288a, subdivision (c); two counts of attempted second degree robbery under sections 664 and 211; two counts second degree robbery under section 211; two counts of kidnapping with intent to commit a sex offense under sections 207 and 667.8, subdivision (a); one count of sexual penetration with a foreign object under section 289; and one count of unlawful driving of a vehicle under Vehicle Code section 10851. In addition, firearm use findings were returned pursuant to sections 12022.3, subdivision (a) and 12022.5, subdivision (a). Defendant received a sentence of 254 years, 4 months in state prison. Defendant was 16 years old at the time he committed his crimes. On May 17, 2010, the United States Supreme Court issued its opinion in Graham v. Florida (2010) 560 U.S. 48, 74-75 (Graham). Defendant filed habeas corpus petitions in state and district courts, citing Graham. All were denied. The United States Court of Appeal for the Ninth Circuit reversed the district court’s denial of defendant’s federal habeas corpus petition. (Moore v. Biter (9th Cir. 2013) 725 F.3d 1184, 1186-1194.) The district court then granted defendant’s habeas petition and ordered that he be resentenced in the trial court consistent with Graham. On October 24, 2014, defendant was resentenced. Defendant received the same sentence of 254 years, 4 months in state prison. But to comply with Graham, the trial court ordered the Department of Corrections and Rehabilitation to provide defendant a full and meaningful parole hearing on his sixty-second birthday. We affirm the judgment.