P. v. Moore
A jury convicted defendant David G. Moore of two counts of first degree murder (Pen. Code, § 187, subd. (a)).[1] In both counts, it found true additional allegations of firearm use (§ 12022.53, subds. (b), (c), and (d)) and two special circumstance allegations: multiple murder and gang murder (§§ 190.2, subds. (a)(3) and (a)(22)). Also, the jury convicted him of possession of a firearm by a felon (§ 12021, subd. (a)), and found the gang enhancement allegation true in all counts (§ 186.22, subd. (b)(1)). The trial court sentenced him to two consecutive terms of life in prison without the possibility of parole, plus a consecutive determinate term of seven years. He appeals from the judgment of conviction, contending that the evidence is insufficient to support the gang murder special circumstance allegation and the gang enhancement allegation, and that the trial court erred in not staying the sentence for possession of a firearm by a felon pursuant to section 654. We disagree with both contentions and affirm the judgment.
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