People v. Moore CA2/5

Filed 9/16/21 P. v. Moore CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B311007

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA029029) v.

WILLIAM MOORE, JR.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Juan C. Dominguez, Judge. Affirmed. William J. Capriola, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

In 1996, a jury found defendant William Moore, Jr. guilty of first degree murder (Pen. Code, § 187, subd. (a))1 and first degree robbery (§ 211). The jury also found true the allegations that defendant committed the murder while engaged in the commission of a robbery (§ 190.2, subd. (a)(17)) and that defendant personally used a firearm in the commission of both those offenses (§ 12022.5, subd. (a)). The trial court sentenced defendant to life imprisonment without the possibility of parole. On June 22, 1998, a prior panel of this Division affirmed defendant’s conviction in an unpublished opinion. (People v. Moore (June 22, 1998, B114225) [nonpub. opn.].) On May 7, 2020, defendant filed a petition to vacate his murder conviction and for resentencing pursuant to section 1170.95.2 On June 30, 2020, the trial court appointed counsel to represent defendant. On November 4, 2020, the District Attorney filed a response to defendant’s petition, arguing that the court should deny the petition because defendant was the actual killer and thus ineligible for relief under section 1170.95. On December 10, 2020, defendant, through counsel, submitted a brief requesting that the trial court issue an order to show cause. On December 11, 2020, the trial court set a hearing on defendant’s petition, which was heard on January 27, 2021. At