P. v. Phan CA3
The relevant facts here are taken from our unpublished opinion in defendant’s previous appeal, People v. Phan (June 5, 2020, C086120) [nonpub. opn.]. We granted defendant’s motion to incorporate by reference the record on appeal in Phan.
Defendant brought a gun with him to a gathering because he feared being robbed on the way home. After a long night of drinking and drug use, defendant quarreled with the victim and fired three close-range shots at him within seconds. The victim died at the scene. Defendant fled and threw away his gun. At trial, defendant claimed he felt threatened by the victim and the shooting was reflexive. (People v. Phan, supra, C086120.)
The jury found defendant guilty of first degree murder and found true the firearm enhancement allegation. The trial court sentenced defendant to an aggregate term of 50 years to life, consisting of 25 years to life for the murder conviction and 25 years to life for the firearm enhancement.
Comments on P. v. Phan CA3