P. v. Moore
This case comes before us on appeal for a second time, following our remand for resentencing. (People v. Moore (July 26, 2006, B184718) [nonpub. opn.].) Leander C. Moore was charged by information with assault by means of force likely to produce great bodily injury (count one) and battery causing serious bodily injury (count two) (Pen. Code, 245, subd. (a)(1), 243, subd. (d)).[1] It was also specially alleged Moore had personally inflicted great bodily injury in committing each offense ( 12022.7, subd. (a)), had suffered a prior serious felony conviction within the meaning of section 667, subdivision (a)(1), and the Three Strikes law ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and had served two separate prison terms for felonies ( 667.5, subd. (b)). The trial evidence was that Moore and Ezekiel Duran were roommates at a half-way house in Los Angeles. During a heated argument, Moore struck Duran causing him to fall to his knees. Moore continued to hit Duran until Moore was restrained by a counselor. Duran suffered a fractured cheekbone, bruises and cuts that required stitches to close. (People v. Moore, supra, B184718.) The judgment is affirmed.
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