People v. Moore

118 Cal. App. 4th 74, 12 Cal. Rptr. 3d 649, 2004 Daily Journal DAR 5175, 2004 Cal. Daily Op. Serv. 3711, 2004 Cal. App. LEXIS 634
CourtCalifornia Court of Appeal
DecidedMarch 30, 2004
DocketNo. H025922
StatusPublished
Cited by14 cases

This text of 118 Cal. App. 4th 74 (People v. Moore) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Moore, 118 Cal. App. 4th 74, 12 Cal. Rptr. 3d 649, 2004 Daily Journal DAR 5175, 2004 Cal. Daily Op. Serv. 3711, 2004 Cal. App. LEXIS 634 (Cal. Ct. App. 2004).

Opinion

Opinion

McADAMS, J.

In this appeal we must decide whether a prior conviction for violation of Penal Code section 4221 qualifies as a “strike” under the 2000 amendments to the “Three Strikes” law. We find that it does so qualify and we affirm the judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1998 and 1999, defendant threatened to kill his former girlfriend and her new boyfriend on numerous occasions. He pleaded guilty to violating section 422. At the time, section 422 was not listed as a serious felony under the [76]*76Three Strikes law. Amendments to the Three Strikes law, enacted in 2000 by initiative as part of Proposition 21, added “terrorist threats, in violation of section 422” to the list of serious felonies. (§ 1192.7, subd. (c)(38).)

In 2002, defendant sold drugs to an undercover police officer. He was charged with transportation, sale and distribution of methamphetamine. (Health & Saf. Code § 11379, subd. (a).) His prior conviction for violation of section 422 was charged as a serious felony pursuant to the provisions of the Three Strikes law. (§§ 667.5, subd. (c), 1192.7, subd. (c)(38), 667, subds. (b)-(i), 1170.12.) Defendant pleaded guilty to violating Health and Safety Code section 11379. The prior conviction allegation was tried to the court and found true. Defendant was sentenced to prison for three years on the drug conviction, which term was doubled to six years under the Three Strikes law.

II. DEFENDANT’S CONTENTIONS

Defendant makes two statutory construction arguments for the invalidation of his prior strike conviction under section 422. First, he argues that only those section 422 convictions postdating the 2000 amendments to the Three Strikes law qualify as strikes. Since his conviction occurred in 1999, before the 2000 amendment that added section 422 to the list of strike offenses under section 1192.7, subdivision (c)(38), it does not qualify as a strike. Second, he contends that only “terrorist threats” in violation of section 422—i.e., threats of violence to intimidate or coerce a government or a community—qualify as strikes. Since his violation of section 422 involved threats to his ex-girlfriend and her new boyfriend, they do not qualify as strikes. For the reasons we discuss, below, we find defendant’s arguments unpersuasive.

HI. SECTION 667.1

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Bluebook (online)
118 Cal. App. 4th 74, 12 Cal. Rptr. 3d 649, 2004 Daily Journal DAR 5175, 2004 Cal. Daily Op. Serv. 3711, 2004 Cal. App. LEXIS 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-moore-calctapp-2004.