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Modification: People v. Moore

Ruling by

Elwood G. Lui

Lower Court

Los Angeles County Superior Court

Lower Court Judge

H. Clay Jacke II

Penal Code Section 3051(h) does not violate equal protection because there is a legitimate government purpose of addressing recidivism.





Court

California Courts of Appeal 2DCA/2

Cite as

2021 DJDAR 9893

Published

Sep. 23, 2021

Filing Date

Sep. 20, 2021

Opinion Type

Modification

Disposition Type

Affirmed

Case Fully Briefed

Jul. 20, 2021

Oral Argument

Sep. 23, 2021


THE PEOPLE,

Plaintiff and Respondent,

v.

GREGORY MOORE,

Defendant and Appellant.

 

No. B308386

(Los Angeles County Super. Ct. No. TA043305)

California Courts of Appeal

Second Appellate District

Division Two

Filed September 20, 2021

 

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT)

 

THE COURT:

It is ordered that the opinion filed herein on September 10, 2021, be modified as follows:

On page 2, first sentence under the heading Procedural Background, the word "former" is added to the citation to Penal Code section 12021, subdivision (a)(1), so the sentence reads as follows:

In 1997, appellant was convicted following a jury trial of one count of murder (§ 187, subd. (a); count 1), three counts of possession of a firearm by a felon (former § 12021, subd. (a)(1); counts 2, 5, & 10), two counts of second degree robbery (§ 211; counts 3 & 4), two counts of attempted willful, deliberate, premeditated murder (§§ 664/187, subd. (a); counts 6 & 7), and two counts of shooting at an inhabited dwelling (§ 246; counts 8 & 9).

 

There is no change in the judgment.

 

CERTIFIED FOR PUBLICATION.

 

 

LUI, P. J.

ASHMANN-GERST, J.

HOFFSTADT, J.

 

 

#278092

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