P. v. Phommachanh CA3
This opinion issues following remand from the Supreme Court directing us to vacate our original opinion and to reconsider the appeal in light of People v. Gonzalez (2008) 43 Cal.4th 1118, 1130.
Defendant Bobby Jan Phommachanh was convicted of multiple crimes following an incident in which he fired multiple gunshots in a bar thereby injuring two people. On appeal, he contends (1) the trial court erred by instructing the jury with a “kill zone” instruction with respect to charges of attempted murder, (2) he cannot be convicted of multiple counts of shooting at an occupied building, (3) he should have been awarded more presentence custody credit, and (4) we must remand to the trial court to state the statutory authority for a $500 surcharge imposed. The People oppose some of defendant’s contentions, concede others, and request remand to the trial court for clarification of yet another aspect of sentencing. We will modify the judgment to award defendant presentence conduct cred
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