People v. Moses CA5

STATEMENT OF THE CASE

As stated by this court in our opinion in Moses’s first appeal (consolidated case numbers F066160 & F066278), “A jury found defendants Katila Ann Jean Nash and David Deshawn Moses guilty of first degree murder (Pen. Code, [fn. omitted] §§ 187, subd. (a), 189) and found true the special circumstance that the murder was committed while defendants were engaged in the commission or attempted commission of burglary (§ 190.2, subd. (a)(17)(G)). At the time of the offense, Nash was 15 years old and Moses was 17 years old, and they were tried as adults. Nash was sentenced to 25 years to life in prison, and Moses was sentenced to life in prison without the possibility of parole (LWOP).” The murder occurred on April 14, 2010. In its fourth opinion in this matter, filed on May 2, 2018, this court remanded Moses’s case to the juvenile court with directions to conduct a transfer hearing pursuant to Welfare and Institutions Code section 707, with a further order that if, at the transfer hearing the juvenile court determines it would have transferred Moses to a court of criminal jurisdiction, the judgment should be reinstated and the court should resentence him in light of…