Moore

People v. Moore

Good Law
178 Cal. App. 3d 898·1986 Cal. App. LEXIS 2709·224 Cal. Rptr. 204
Court of Appeal of CaliforniaMarch 13, 1986F004907California1,565 words

Opinion

Opinion

Hamlin, J.

Defendant William Sam Moore was charged with attempted murder (Pen. Code, §§ 664/187), assault with a deadly weapon (§ 245, subd. (a)(1)), and personal use of a firearm (§ 12022.5). Pursuant to a plea bargain, defendant pleaded guilty to the assault charge and admitted the use of the firearm. The attempted murder charge was dismissed.

The trial court sentenced defendant to the upper term of four years for the assault and enhanced that sentence by two years for the firearm use. The court also imposed a restitution fine of $2,000 pursuant to Government Code section 13967.

Defendant appeals from this judgment, contending that he should be allowed to withdraw his guilty plea because the court erroneously advised him of the potential amount of the restitution fine and he did not knowingly and intelligently enter his guilty plea. In addition, he urges that the court erred in imposing the upper term and the enhancement. Finally, he contends he was denied effective assistance of counsel. We find no merit in defendant’s contentions; we will affirm the judgment.

Facts

On August 6, 1984, defendant was living with Laura Ryals in her home. As a result of a dispute over money,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.