People v. Moseley CA4/3

I.

FACTS AND PROCEDURAL BACKGROUND

Moseley killed his fiancé in their apartment by stabbing her with a knife. Moseley fled the scene in a truck and eventually cut off a police vehicle. Moseley approached the police vehicle and attempted to get the officer to shoot him (suicide by cop). In an interview at the police station, Moseley told a detective that he had stabbed his fiancé after she told him 2 that she might be pregnant with another man’s baby. The People charged Moseley with murder and a weapon enhancement. During the trial, Moseley testified that he had been previously deployed to Iraq. Moseley was subjected to enemy attacks by improvised explosive devices and rocket fire. Moseley was later diagnosed with PTSD. A psychologist opined Moseley’s PTSD was a contributing factor to the crime. The jury found Moseley not guilty of murder, but guilty of voluntary manslaughter (heat of passion) as a lesser included offense. The jury found true the weapon allegation. The trial court sentenced Moseley to the upper term of 11 years in state prison, and struck the additional punishment for the personal use of a weapon (the sentencing proceedings will be covered in greater detail in…