People v. Moss CA1/5

BACKGROUND

A 1995 information charged appellant with murder (§ 187), with an enhancement for personal use of a firearm (§ 12022.5, subd. (a)), and with possession of a firearm by a felon (§ 12021, subd. (a)(1)). The information also alleged three prior strike convictions and convictions for prior serious felonies.

All undesignated statutory references are to the Penal Code.

1 The charges were based on a May 1994 nighttime shooting. The victim was found facedown on the street with four bullet wounds, one in front and three in back. A witness told police he heard three shots and then saw appellant fire a fourth shot into the victim’s prone body. He testified to the same at the preliminary hearing but repudiated his statement at trial. The prosecution played a recording of the witness’s police statement. In March 1996, a jury found appellant guilty of second degree murder and possession of a firearm by a felon, and found true the personal use enhancement. The trial court imposed a sentence of 54 years to life. This court affirmed the judgment in January 1998. In December 2019, appellant filed a section 1170.95 resentencing petition. The trial court appointed counsel. On…