P. v. Moore CA2/1
Charles E. Moore appealed from the judgment entered on his conviction for residential burglary, with two five-year prior felony sentence enhancements, contending he was deprived of a fair and impartial jury because one of the jurors had himself recently been burglarized. In an opinion filed on July 16, 2018, we concluded the trial court acted within its discretion in retaining the juror. We therefore affirmed the conviction.
Moore sought review from our Supreme Court. While the matter was before the Court the Governor signed Senate Bill No. 1393, which granted trial courts the discretion to strike five-year enhancements imposed under Penal Code section 667, subdivision (a), enhancements that were previously mandatory. (See Sen. Bill No. 1393 (2017-2018 Reg. Sess.) §§ 1-2.) The enactment became effective on January 1, 2019. (See Cal. Const., art. IV, § 8, subd. (c).)
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