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People v. Moore

California Court of Appeal for the Second District
114 Cal. Rptr. 3d 540 (2010)


Facts

After learning that his apartment had been burglarized, Hal Moore (defendant) angrily and recklessly drove through the streets of Pasadena, California at a high rate of speed. As Moore approached an intersection, he noticed that the light was red. However, Moore did not attempt to slow down. Moore struck a Toyota Corolla, which then spun around and struck another vehicle, a BMW. A passenger in the Toyota was killed, and the driver of the BMW suffered a broken arm. Moore did not get out of his vehicle to check on the victims. Instead, Moore kept driving. A police officer saw Moore’s vehicle on a different street traveling about 20-25 mph over the speed limit. Moore’s car had smoke pouring from under its front end and major damage. The officer pursued Moore, who continued to drive through intersections without stopping. Eventually, Moore arrived back at his residence, where several police officers had to subdue him. After waiving his Miranda rights, Moore said he did not intend to kill anyone, that he did not experience any mechanical failure, and that he was simply going too fast. Moore was asked if he knew whether anyone had been killed during the incident, and Moore responded that he did. Moore said that after the crash he was “going to clean up, probably have a beer, sit down, sit at home and watch television.” Moore was charged with second-degree murder and other criminal offenses, including resisting a police officer. Moore was convicted and appealed, arguing that the evidence failed to support a murder conviction.

Rule of Law

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Issue

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Holding and Reasoning (Gilbert, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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