People v. Moore CA3

BACKGROUND

In 2007, several teenage boys demanded money from a man selling ice cream in a park; at least two hit the man in the head and one shot him in the stomach and the chest, requiring lifesaving surgery. (People v. Moore (Nov. 19, 2009, C060125) [nonpub. opn.] (Moore).)2 An eyewitness identified Moore as the gunman from a photographic lineup, and one of the boys, who was jointly charged with Moore and who later took a plea deal promising to testify truthfully in Moore’s trial, ultimately testified that Moore shot the ice cream vendor after first identifying another shooter.

This brief factual background is based on this court’s unpublished opinion in Moore’s direct appeal in Moore, supra, C060125, and is provided for context only. We granted the People’s request to incorporate by reference the appellate record in Moore.

2 In 2008, a jury found Moore guilty of attempted murder and attempted robbery and found multiple attached firearm use enhancements to be true, including that Moore personally and intentionally discharged a firearm and proximately caused great bodily injury (§ 12022.53, subd. (d)). The trial court sentenced him to an aggregate term of 32 years to…