P. v. Hoang
Filed 4/28/06 P. v. Hoang CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. HUNG LINH HOANG, Defendant and Appellant. | G034779 (Super. Ct. No. 03WF1095) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Richard F. Toohey, Judge. Affirmed.
A.M. Weisman, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia, Deana L. Bohenek and Arlene A. Sevidal, Deputy Attorneys General, for Plaintiff and Respondent.
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INTRODUCTION
A jury found defendant Hung Linh Hoang guilty of street terrorism and of willful, deliberate and premeditated attempted murder committed for the benefit of, at the direction of, and in association with a criminal street gang. We affirm.
We reject each of defendant's contentions of error. First, neither the offense of street terrorism nor the offense of attempted murder as pleaded is a lesser included offense of the other. This is so even if we consider the gang enhancement under Penal Code section 186.22, subdivision (b)(1) as alleged in the information. (All further statutory references are to the Penal Code.) Second, the prosecutor did not engage in misconduct. Finally, substantial evidence showed defendant specifically intended to kill the victim and he acted with deliberation and premeditation.
BACKGROUND
I.
Prosecution's Case
Defendant was a member of and an active participant in the criminal street gang known as Dragon Family Junior/Nip Family Junior (DFJ/NFJ). At 7:00 p.m. on May 3, 2003, 17-year-old S. was in his bedroom when he heard loud shouting in Vietnamese. S. lived with his mother in an apartment complex in Westminster. He looked out his sliding glass door to a parking area. Both defendant and a second man (the victim) were outside yelling.
S. saw defendant get out of a car and chase the victim around the car a couple of times. Defendant was holding a gun in his right hand. S. heard defendant say in English, â€
