People v. Moore CA1/2

STATEMENT OF THE CASE

Appellant and codefendant Elijah Matthew Hall were charged by information filed on February 22, 2013, with two counts of first degree robbery (Pen. Code, § 211),1 against victims Robert Ehrhardt (count 1) and Jonathan Gomer (count 2). It was alleged that Hall personally inflicted great bodily injury on Gomer in the commission of count 2, and Hall was additionally charged with battery resulting in serious bodily injury of Gomer (§ 243, subd. (d)). Appellant was charged with two counts of assault by means of

1 Further statutory references are to the Penal Code unless otherwise indicated.

1 force likely to produce great bodily injury (§ 245, subd. (a)(4)), on Gomer (count 4) and Ehrhardt (count 5). It was alleged that appellant had suffered four prior convictions of serious or violent felonies (§§ 1170.12, 667, subd. (a)(1). Hall was alleged to have suffered three prior felony convictions (§ 1203, subd. (e)(4)) and served a prior prison term (§ 667.5, subd. (b)), with two of the prior convictions alleged to be serious or violent felonies (§§ 1170.12, 667, subd. (a)(1)). Appellant entered pleas of not guilty, denied the special allegations and sought severance…