Moore

People v. Moore

Good Law
189 Cal. App. 3d 1537·1987 Cal. App. LEXIS 1461·235 Cal. Rptr. 196
Court of Appeal of CaliforniaMarch 5, 1987No. B011764California1,178 words

Opinion

Lead Opinion

Feinerman, J.

—After a jury trial, defendant Spencer Wayne Moore was found guilty of two counts of attempted murder (Pen. Code, §§ 664/187). The jury further found that the defendant personally used a firearm as to both counts (Pen. Code, § 12022.5) and personálly inflicted great bodily *1539 injury as to one count (Pen. Code, § 12022.7). Defendant was committed to the California Youth Authority for a period not to exceed 10 years and was given credit for 257 days, including 86 days good time/work time.

On appeal, defendant contends that a mistrial should have been granted by the trial court when it was ascertained that certain handwritten notes of a police interrogation of a defense witness were not turned over to defense counsel prior to the testimony of the defense witness. The trial court found that the failure to turn over an investigating officer’s notes, despite an informal agreement between the prosecution and defense for complete discovery, was not prejudicial. We concur and affirm the judgment.

Background

On October 7, 1983, the defendant was 16 years of age and a student at Compton High School in Los Angeles County. He resided in an area which was the neighborhood of the…

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