Moore

People v. Moore

Good Law
114 Cal. Rptr. 3d 540·187 Cal. App. 4th 937·2010 Cal. App. LEXIS 1461
Court of Appeal of CaliforniaAugust 23, 2010B215307California2,180 words

Opinion

Opinion

Gilbert, J.

Defendant driver races through city streets at excessive speeds. He runs a red light and collides with another car which in turn hits another car. The accident causes death to one victim and serious injury to another. These facts support a murder conviction based on implied malice even though the driver was not under the influence, and was not the object of a pursuit.

A jury convicted Hal Lee Moore of second degree murder (Pen. Code, §§ 189, 187, subd. (a)); vehicular manslaughter (Pen. Code, § 192, subd. (c)(1)); leaving the scene of an accident (Veh. Code, § 20001, subd. (a)); evading a peace officer (Veh. Code, § 2800.2, subd. (a)); two counts of reckless driving with bodily injury (Veh. Code, § 23104, subd. (a)); and resisting a peace officer (Pen. Code, § 148, subd. (a)(1)). He received a sentence of 15 years to life.

Moore contends the murder conviction is not supported by substantial evidence, and that the trial court erred in admitting evidence of a prior conviction for driving under the influence of alcohol. We affirm.

FACTS

On November 29, 2006, about 6:30 p.m., Moore was speeding through Pasadena in his Nissan Pathfinder (Pathfinder). He was angry because…

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