P. v. Phanniphon
Filed 6/9/06 P. v. Phanniphon CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION FOUR
| THE PEOPLE, Plaintiff and Respondent, v. HONGDA PHANNIPHON, Defendant and Appellant. | B180935 (Los Angeles County Super. Ct. No. NA060205) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Charles D. Sheldon, Judge. Affirmed.
Kathy M. Chavez, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and Adrian N. Tigmo, Deputy Attorneys General, for Plaintiff and Respondent.
INTRODUCTION
This case arises out of a gang-motivated shooting. Defendant Hongda Phanniphon, a member of the Tiny Rascal gang, supplied one of three guns used to shoot at several occupants of a car. The shooting killed one occupant and injured another. Based upon these facts, the jury convicted defendant of the first degree murder of Lyna Heang (§ 187, subd. (a)),[1] the attempted willful, deliberate and premeditated murders of Sirivan Min and Thy Chan (§§ 664/187, subd. (a)), and shooting at an occupied motor vehicle (§ 246). The jury found that all crimes were committed for the benefit of a street gang (§ 186.22, subd. (b)(1)). In addition, the jury found true various firearm enhancements. (§ 12022.53, subd. (d).) The trial court sentenced defendant to 50 years to life.
Citing Sheppard v. Rees (9th Cir. 1989) 909 F.2d 1234, defendant contends that reversal is required because trial counsel was â€
