People v. Moten CA4/2

I.

INTRODUCTION

Shortly after defendant Joseph Moten’s brother, T.M., told defendant to move out,

defendant fired a gun at T.M. but missed. T.M. passed out and when he regained

consciousness, defendant pointed his gun at T.M. and threatened to kill him. When

defendant’s brother-in-law, F.G., who was also living with T.M., approached defendant

to find out what was going on, defendant pointed his gun at him as well.

A jury convicted defendant of attempted murder (Pen. Code, §§ 664, 187, subd. 1 (a) ; count 1), making criminal threats (§ 422, subd. (a); count 2), and assault with a

firearm (§ 245, subd. (b); counts 3 & 4). The jury also found true allegations that, as to

count 1, defendant personally used a firearm (§ 12022.53, subd. (b)) and intentionally

discharged a firearm (§ 12022.53, subd. (c)). The jury found true as to counts 2 through

4 that defendant personally used a firearm (§ 12022.5, subd. (a)). In a bifurcated trial, the

jury found defendant had four prior serious felony convictions (§ 667, subd. (a)(1)) and

four strike priors (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), which the court

dismissed for sentencing purposes.

1 Unless otherwise noted,…