People v. Moomey
194 Cal. App. 4th 850
| Cal. Ct. App. | 2011Background
- Burglary and theft (~$80) from Stater Bros; Lorette named as alleged principal; defendant convicted as an accessory after the fact under § 32; challenge to sufficiency of evidence and underlying felony status; wobbler status of second-degree burglary and its impact on felony parenting of the accessory charge; video and witness testimony link defendant to the crime; police interview and statements tied to Lorette and defendant; miscalculation of conduct credits ultimately corrected to six days; court directs amendment of judgment and abstract of judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony burglary element | Lorette’s burglary may have been misdemeanor | Burglary was not proven felony at time of act | Evidence supports felony burglary as to Lorette; pre-sentence felony status applies. |
| Knowledge of the felony by defendant | Defendant knew Lorette intended to steal | No substantial evidence of such knowledge | Circumstantial evidence permits finding of knowledge of intent. |
| Accessory liability when underlying theft is misdemeanor | If underlying theft is felony, liability attaches | The underlying theft here was petty theft (misdemeanor) | Accessory liability requires a felony; here, theft was misdemeanor, but analysis treated burglary as felony. |
| Jury instructions and other trial errors (flight instruction, etc.) | Instructional and other asserted errors affected verdict | No reversible error; cumulative errors claimed | Court rejected arguments; no reversible instructional error identified; no due to flight instruction. |
| Credit calculation error in sentencing | Credit should reflect six days local conduct credits | Judgment amended: six days actual local time plus six days conduct credits; abstract updated. |
Key Cases Cited
- People v. Plengsangtip, 148 Cal.App.4th 825 (Cal. App. Dist. 4) (definition of accessory elements; premediation of knowledge)
- People v. Banks, 53 Cal.2d 370 (1959) (wobbler offenses remain felonies until sentencing; retroactivity limits)
- People v. Feyrer, 48 Cal.4th 426 (Cal. 2009) (wobbler rule for felonies vs. misdemeanors; non-retroactive effect of misdemeanor sentence)
- In re Anderson, 69 Cal.2d 613 (Cal. 1968) (felony status of offense remains unless actual lesser sentence imposed)
- People v. Williams, 49 Cal.4th 405 (Cal. 2010) (illustrates wobbler classification and sentencing impact)
- People v. McLaughlin, 111 Cal.App.2d 781 (Cal. App. 2d 1952) (recognizes that aiding after the fact can be felony-based on principal's crime)