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COURT UPHOLDS RECKLESS DRIVER?S MURDER CONVICTION ? PENAL CODE 187 AND SECTION 189

By Walin & Klarich

On August 23, 2010, the Second Appellate District affirmed the trial court?s determination that appellant, a driver who collided with another vehicle and killed the other vehicle?s passenger, had the requisite intent to be convicted of murder. On November 29, 2006, appellant Hal Moore drove north on Hill Avenue in Pasadena at a rate of between 80 to 90 miles per hour, according to officer testimony. The posted speed limit was 35 miles per hour. At trial, evidence indicated that Moore was angry because his apartment was burglarized while he was on vacation and he blamed his fiancée for not being present at the apartment. Trial evidence established that Moore collided with another vehicle after crossing an intersection on a red light and without trying to stop...continue to full post

Full post as published by Southern California Criminal Defense Blog on September 17, 2010 (boomark / email).