P. v. Moore
Filed 6/26/06 P. v. Moore CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. TYRELL DION MOORE, Defendant and Appellant. | B182471 (Los Angeles County Super. Ct. No. MA029523) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Christopher Estes, Judge. Reversed.
Greg M. Kane, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan D. Martynec, Supervising Deputy Attorney General, Alan D. Tate, Deputy Attorney General, for Plaintiff and Respondent.
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Tyrell Moore appeals from the judgment entered following a jury trial in which he was convicted of continuous sexual abuse of a child and found to have inflicted great bodily injury on his victim. (Pen. Code, §§ 288.5, 12022.7.) Defendant contends that his extrajudicial statements were improperly admitted and when the statements are excluded, the remaining evidence was insufficient to support the verdict. We agree with the first contention and reverse the judgment on that basis.
BACKGROUND
In 2004, 12-year-old Sharee C. lived in Lancaster with her mother and brothers. Sharee sometimes spent weekends at the apartment of her 24-year-old sister, Keiona M., who lived with defendant and her and defendant's children. In early August 2004, Sharee complained to her mother of vomiting and stomach pain, stating that defendant had â€
