People v. Moten CA2/7

Filed 8/25/21 P. v. Moten CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B310461

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A469656) v.

JESSE MOTEN,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Joseph R. Porras, Judge. Affirmed. Edward H. Schulman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

________________ A jury convicted Jesse Moten in 1986 of the second degree murder of Bernice McCutcheon (Pen. Code, § 187)1 with true findings he had personally used a firearm in the commission of the offense (§ 12022.5, subd. (a)) and had suffered two prior…