People v. Moore CA1/5

I. FACTUAL AND PROCEDURAL BACKGROUND

Moore was originally charged by complaint with seven felony offenses. In counts one and two, he was charged with attempted robbery (§ 211, 664) against two individuals, Fath Yin and Lily Yam. Each of the first two counts included an allegation

Undesignated statutory references are to the Penal Code.

1 that Moore had personal y and intentionally discharged a firearm, which proximately caused great bodily injury (§ 12022.53, subd. (d)). At the preliminary hearing, San Francisco Police Officer Carlos Padilla testified that, at about 3:00 a.m. on April 8, 2013, he responded to reports of a shooting at Happy Donuts on Bayshore Boulevard in San Francisco. At San Francisco General Hospital (SFGH), Padilla interviewed Yin, who said that he had been in the back of the store making muffins when he heard a scream from the front counter. Yin walked to the front counter and saw a man, later identified as Moore, kneeling over Yin’s wife (Yam), demanding money from the register, and holding a firearm to Yam’s head. Moore next pointed the firearm at Yin, again demanding “all the money.” Yin opened the register and attempted to comply with Moore’s…