People v. Moore CA2/5

Filed 12/9/15 P. v. Moore CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B260801

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA084339) v.

DAVON WESTLEY MOORE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Darrell S. Mavis, Judge. Affirmed as modified. Janyce Keiko Imata Blair, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Scott A. Taryle and Eric J. Kohm, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

A jury convicted defendant, Davon Westley Moore, of first degree murder. (Pen. Code, 1 § 187, subd. (a).) The jury found the murder was committed during the course of a robbery and a burglary and defendant personally used a knife in the commission of the killing. (§§ 190.2, subd. (a)(17)(A) & (G), 12022, subd. (b)(1)). Defendant was sentenced to life without the possibility of parole plus one year.

II. THE EVIDENCE

On September 20, 2011, defendant and his girlfriend, Sabrina King, decided to rob a barbershop owner, King King. Defendant carried a knife with him he said, “In case it gets crazy.” Ms. King had met Mr. King earlier that same day. Ms. King lured Mr. King to the door of his shop. Defendant waited close by but out of Mr. King’s sight. When Mr. King opened the door, defendant sprang forward. Defendant then stabbed Mr. King multiple times. Defendant took a laptop from the barbershop. Defendant and Ms. King fled to a friend’s house where they were subsequently arrested. Both changed into different clothing. Defendant and Ms. King left bloody footprints leading away from the barbershop and into an alley in the direction of the friend’s house. Ms. King testified against defendant at trial pursuant to a negotiated plea agreement. Elaine Csollany was sitting in a car parked near the barbershop at the time of the murder. Ms. Csollany had seen Ms. King in the area 30 minutes earlier. Around the time of the murder, Ms. Csollany saw defendant and Ms. King heading towards the barbershop at a quick pace. Twenty-five minutes later, Ms. Csollany saw the two running in the opposite direction. Defendant appeared to be holding a laptop computer. Ms. Csollany lost sight of defendant and Ms. King when they entered an alley.