P. v. Xabandith
Filed 3/16/06 P. v. Xabandith CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. PALIXATH XABANDITH et al., Defendants and Appellants. | C047033 (Sup.Ct.No. 02F00905)
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A jury convicted Palixath Xabandith and John Phonthachack of attempted murder and sustained firearm and gang allegations. (Pen. Code, §§ 664/187, subd. (a), 186.22, subd. (b)(1), 12022.53, subds. (b)-(e), 12022.5, subd. (a)(1) [as to Xabandith].) The trial court sentenced Xabandith to prison for 42 years to life and Phonthachack to prison for 32 years to life. Each defendant timely appealed. We affirm.
FACTS
Defendants and other members of the El Camino Crips (ECC) street gang provoked a fight in a billiards parlor; during the ensuing fracas, Xabandith fired a gun and wounded a bystander.
On the evening of January 19, 2002, Liza Miranda, Liza's then-husband Mario Miranda, and Liza's cousins, Gerald Natad and Joshua Rios, went to Family Billiards on El Camino Avenue. Natad and Miranda apparently had hairstyles which could be construed to indicate association with a Mexican gang; although both denied they were gang members, Natad had been â€
