P. v. Moore
A jury convicted Ulysses Franklin Moore, Jr., of unlawfully possessing a firearm (Pen. Code, § 29800, subd. (a)(1);[1] count 3.) The jury was unable to reach a verdict on counts 1 (robbery; § 211) and 2 (unlawfully possessing a firearm; § 29800, subd. (a)(1)). The trial court thus declared a mistrial as to those counts.
After a retrial as to counts 1 and 2, the jury convicted Moore of both counts. The jury also found true that Moore personally used a firearm during the commission of a robbery (§§ 12022.53, subd. (b) & 1192.7, subd. (c)(8)), and Moore committed the robbery for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)). In a bifurcated proceeding, the trial court found true that Moore has suffered two prior prison terms (§ 667.5, subd. (b)), a serious prior felony (§ 667, subd. (a)), and a prior strike conviction (§ 667, subds. (c) and (e)(1)).
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