P v. Suen
After altercations at a night club in Hollywood, a security guard at the club was fatally shot and a patron wounded in the leg. A jury convicted appellant David Suen of the first degree murder of Ron Emerick (Pen. Code, § 187, subd. (a))[1] and assault with a firearm on Kevin Wong (§ 245, subd. (a)(2)), but found not true several enhancement allegations of the personal use of a firearm.[2] Appellant was sentenced to a total prison term of 25 years to life, plus four years.
Contrary to appellant's contentions: (1) substantial evidence supports his convictions of murder and assault; (2) the admission of DNA test results and cell tower records did not violate his Sixth Amendment right to confrontation, because the evidence was not testimonial; (3) the trial court did not err in admitting limited evidence of appellant's admission of his gang affiliation, because such evidence was relevant to support the credibility of the prosecution's main witness (former codefendant Milton Do); and (4) the trial court properly denied appellant's motion to dismiss for alleged violation of his statutory right to a speedy trial. Court thus affirm the judgment.
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