People v. Moore CA2/7

Filed 9/14/20 P. v. Moore CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B301106

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA436825) v.

SHAUN DOMINIC MOORE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert M. Martinez, Judge. Affirmed. Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Michael R. Johnson, Supervising Deputy Attorney General, and David W. Williams, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION

A jury convicted Shaun Dominic Moore of attempted murder (Pen. Code, §§ 187, subd. (a), 664, subd. (a))1 and assault with a deadly weapon (§ 245, subd. (a)(1)). The jury also found true allegations that Moore personally used a deadly or dangerous weapon and that he personally inflicted great bodily injury. The trial court denied Moore’s motion under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) to dismiss one or more of his prior serious or violent felony convictions under the three strikes law and sentenced Moore to a total prison term of 39 years to life, which included two five-year terms for prior serious felony convictions under section 667, subdivision (a)(1). Moore appealed, and we affirmed. (People v. Moore (July 30, 2018, B282184) [nonpub. opn.].) On December 28, 2018 Moore filed a petition for writ of habeas corpus in the superior court asking the court to exercise its discretion to strike the two five-year prior serious felony enhancements under recently enacted Senate Bill No. 1393. The court issued an order to show cause, held a hearing, and ultimately denied the petition. Moore appealed again. We affirm.