People v. Moore CA4/1

California Court of Appeal Mar 17, 2016 No. D068240Unpublished

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Holding. The court affirmed the judgment after finding no reasonably arguable issues on appeal, noting that the defendant's claims regarding ineffective assistance of counsel relied on facts outside the appellate record.

Issues

Whether defense counsel provided ineffective assistance regarding the prosecutor's comments at the change of plea hearing.
Whether the defendant's claims of being misled during the plea process warrant reversal based on facts outside the record.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Since all of Moore's contentions in his supplemental brief are based on alleged facts outside the record on appeal, Moore's remedies, if any, must be found by way of a petition for writ of habeas corpus filed with the trial court.”

“We have reviewed the entire record as mandated by Wende, supra, 25 Cal.4th 436 and Anders, supra, 386 U.S.738, and have not identified any reasonably arguable issue for reversal on appeal.”

Filed 3/17/16 P. v. Moore CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D068240

Plaintiff and Respondent,

v. (Super. Ct. No. SCS267863)

GREGORY MOORE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Ana

España, Judge. Affirmed.

Robert E. Boyce for Defendant and Appellant.

No appearance by Plaintiff and Respondent.

Gregory Moore pleaded guilty to one count of a lewd act on a child age 14 or 15

years. (Pen. Code,1 § 288, subd. (c)(1).) Moore admitted he inflicted great bodily injury

on the victim. (§ 12022.7, subd. (a).) Moore also admitted two serious felony prior

1 All further statutory references are to the Penal Code unless otherwise specified.

convictions (§ 667, subd. (a)(1)) and two serious/violent felony prior convictions (strike

priors; § 667, subds. (b)-(i)).

The trial court denied Moore's motion to strike the serious/violent felony priors

and denied probation. Moore was sentenced to a determinate term of 13 years,

consecutive with an indeterminate term of 25 years to life.

People v. Moore CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D068240

GREGORY MOORE,

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STATEMENT OF FACTS

DISCUSSION

DISPOSITION

NARES, J.

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