P. v. Moore
Filed 3/20/06 P. v. Moore CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. JOHNNY LEE MOORE, JR., Defendant and Appellant. |
F047365
(Super. Ct. No. 1077353)
OPINION |
APPEAL from a judgment of the Superior Court of Stanislaus County. John G. Whiteside, Judge.
Deborah L. Hawkins, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Harry Joseph Colombo and Mark A. Johnson, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Defendant Johnny Lee Moore, Jr. appeals from the judgment entered following a jury trial that resulted in his conviction for carjacking, with a personal firearm use enhancement, and misdemeanor assault. (Pen. Code, §§ 215, 240, 12022.53, subd. (b).)[1] Defendant received a total prison sentence of 15 years. On appeal, defendant contends (1) the court erred in refusing to give two jury instructions requested by the defense on the asserted absence of evidence, (2) the evidence is insufficient to support the jury's verdict, and (3) the court erred in denying his Wheeler-Batson[2] motion. We reject defendant's contentions and will affirm the judgment.
FACTS
On June 3, 2004, Karama Morris drove his 1979 Chevrolet Caprice classic from Hayward to Modesto to visit a nightclub where a Bay Area music group was performing. Karama[3] was accompanied by his friend Norman Bobino.
Around 1:30 a.m. on June 4, 2004, Karama and Bobino left the nightclub and walked to the parking garage where Karama's car was parked. They opened the car doors and Karama started the engine. Karama heard the sound of footsteps. He looked up and saw defendant running towards him, holding a six- to eight-inch black handgun.
Defendant cocked the gun and pointed it at Karama. Defendant told Karama to get out of the car and get down on the ground or he would shoot. Meanwhile, Ricardo Jones, a codefendant at trial, went over to the passenger side of the car and ordered Bobino to take off his jeans and shoes and then get down on the ground.
As he was lying on the ground, Karama could see under the car. He testified that defendant and Jones â€
