P. v. Mooney
A jury convicted Sean Mooney of murder (Pen. Code, § 187, subd. (a)[1]), elder abuse (§ 368, subd. (b)(1)), and purchasing a stolen gun (§ 496, subd. (a)). The jury also found true allegations that Mooney personally used a firearm, intentionally discharged a firearm, and intentionally discharged a firearm causing death or great bodily injury. (§§ 12022.5, subd. (a); 12022.53, subd. (b), (c) & (d).) Finally, the jury found true a special circumstance allegation that the murder was committed for financial gain. (§ 190.2, subd. (a)(1).) Mooney was sentenced to a term of life in prison without the possibility of parole and a consecutive 25 year-to-life term for the gun use allegation.
On appeal, Mooney contends the judgment must be reversed because evidence of his involuntary statements was erroneously admitted at trial. Mooney also contends that the trial court failed to instruct on a lesser included offense of murder that was supported by the evidence, that there was a prejudicial error in a jury instruction pertaining to the special circumstance allegation, and that there was insufficient evidence to support his conviction for elder abuse. We reject all of these contentions and affirm the judgment.
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