P. v. Dinh CA3
Following a jury trial, defendant Minh Sindey Dinh was found guilty of second degree murder and attempted murder, with enhancements for personally discharging a firearm causing great bodily injury and personally discharging a firearm causing death. He was sentenced to nine years plus 65 years to life in state prison.
On appeal, he contends: 1) the matter must be remanded to allow the trial court to exercise its discretion whether to strike the firearm enhancements; 2) restitution for tutoring services formerly provided by the victim was improper and any failure to preserve the claim regarding restitution constituted ineffective assistance of counsel; and 3) there is an error in the abstract regarding presentence credits. We shall remand for the exercise of discretion on the enhancements, order a correction to the abstract, and otherwise affirm.
Comments on P. v. Dinh CA3