In re Moore

BACKGROUND

A. Facts2 On the evening of December 3, 1991, codefendants Athain Russell and Moore (collectively, defendants),3 together with an accomplice, Brian Winston, stole a car from the parking lot of the Fashion Fair mall in Fresno. The trio drove through the mall parking lot until they spotted Robert Luecke, who was getting out of a parked car with his fiancée and younger sister. One of the defendants—presumably Russell—got out of the stolen car and robbed Luecke and his fiancée at gunpoint. After Luecke and his fiancée handed over their valuables, Russell, without provocation, fired two shots at Luecke at close range. One shot from the .22-caliber handgun hit Luecke’s chest and passed through his heart, killing him. 1. The Shooting Lonnie Packard testified in exchange for the prosecution’s promise to dismiss burglary charges that were pending against him. According to Packard, on the late afternoon or early evening of December 3, 1991, he was driving on Geneva Street in Fresno, looking to purchase “rock cocaine.” While he was there, Russell, whom Packard knew, approached his vehicle and told Packard he would pay for a ride across town. Packard agreed to give him a…