P. v. Dung Van Nguyen
A jury convicted defendant of attempted murder, two counts of attempted first degree robbery, first degree burglary, street terrorism, and unlawful possession of a firearm by a juvenile ward. The jury found the allegations true that the defendant committed the attempted murder, robberies and burglary for the benefit of the criminal street gangs, and vicariously used and discharged a firearm thereby causing great bodily injury.
The court found the allegations true that the defendant had four prior serious or violent felony convictions within the meaning of the "Three Strikes" law and sentenced defendant to a total aggregated term of 102 years to life, plus 10 years. It imposed an indeterminate term of 27 years to life for the attempted murder count, a consecutive term of 25 years to life for discharging a gun during the commission of this crime, a consecutive term of 25 years to life for one of the attempted robberies, a consecutive 10 year term for using a gun during the commission of this crime, and a consecutive term of 25 years to life for street terrorism. The trial court stayed the imposition of sentence for the second attempted robbery, the burglary, the possession of a firearm by a juvenile, and the enhancements related to these counts pursuant to Penal Code section 654.
Defendant claims two of the court's innumerable evidentiary rulings were erroneous and resulted in a miscarriage of justice. Defendant also contends the court misapprehended its sentencing discretion when it imposed the upper term for attempted murder and the imposition of the upper term conflicts with the principles enunciated in Blakely v. Washington and Apprendi v. New Jersey. Court concludes that the uvenile court erroneously admitted evidence of a prior home invasion robbery to prove defendant's identity, but concluded that the error did not result in a miscarriage of justice or violate defendant's federal Constitutional rights. Court rejects defendant's remaining contentions and affirms the judgment.
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