People v. Moore CA4/1

INTRODUCTION

In May 2014 a jury found Jeffrey Sherrod Moore guilty of one count of felony

burglary (Pen. Code, § 459; count 3),1 two counts of petty theft of retail merchandise

(§§ 484, 490.5; counts 2 & 4), and one count of receiving stolen property (§ 496,

subd. (a); count 5). The jury deadlocked on count 1 for felony burglary (§ 459), which

the People subsequently dismissed. The court sentenced Moore to three years for the first

count of petty theft (count 2) based on aggravating circumstances; a consecutive one-

third middle term of eight months for the second count of petty theft (count 4); three

years for felony burglary (count 3); and three years for receiving stolen property

(count 5). Pursuant to section 654, subdivision (a), the court stayed Moore's sentence for

count 3 finding it was the same criminal act as count 4. The court also stayed the

sentence for count 5.

Moore presents three issues on appeal.2 First, Moore contends he was actually

charged and sentenced for petty theft under count 5 rather than receiving stolen property.

Second, Moore contends counts 2, 4, and 5 constitute a single offense under the doctrine

of People v. Bailey (1961) 55…