P. v. Moore
Filed 8/18/06 P. v. Moore CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. DAYMON ZACHARY MOORE, Defendant and Appellant. | E038142 (Super.Ct.No. FSB033089) OPINION |
APPEAL from the Superior Court of San Bernardino County. J. Michael Welch, Judge. Affirmed.
Wallin & Klarich and Robert C. Kasenow II for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Erika Hiramatsu and Heather F. Crawford, Deputy Attorneys General, for Plaintiff and Respondent.
After a mistrial in which the jury deadlocked eight to four,[1] a new jury convicted defendant of first degree murder, first degree residential burglary, and attempted robbery. The court sentenced defendant to 25 years to life for the murder and imposed concurrent terms for the other crimes. Defendant asserts a Miranda[2] violation, ineffective assistance of counsel, and prosecutorial misconduct. We affirm the judgment.
I
FACTS
A. Prosecution Case
1. The Shooting
Keshia Bennett lived in apartment 26 of a complex at 16th and Arrowhead in San Bernardino, an upstairs unit. The morning of December 28, 2001, Bennett and another resident, Joel Torres, saw defendant at the complex wearing white pants, a black leather jacket, black boots, and a white visor.
About 1:00 p.m. that day, Vernetta Rollins, a friend of Bennett's, was in apartment 26 while Bennett was out. At some point, Herbert Johnson came through the door of the apartment. He looked scared and told Rollins to call the police.
Rollins went to the bedroom and called the police. While still in the bedroom, she heard three voices from the living room, including Mr. Johnson's. After that, she heard about five gunshots.
Torres, downstairs, heard â€
