Nguyen

I. BACKGROUND

The charges arose from a shooting at a café in 1995. A group of men with firearms entered the café around 2:00 a.m. and opened fire, killing three men. The prosecution charged Nguyen and four codefendants with three counts of murder.

2 A. Facts of the Offenses2 On the evening of March 10, 1995, a group of current or former members of a gang called “Asian Boys” went to a nightclub in San Jose. The group included Nguyen and two of his codefendants, among others. While they were at the nightclub, one of the group’s members was shot in the stomach. The member survived and blamed the shooting on a rival gang called “Asians Kicking Ass.” Later that evening, Nguyen and other members of the group gathered at a codefendant’s house to discuss retaliation. Around 2:00 a.m., Nguyen and other members of the group went to the May Tiem Café, which had a predominantly Asian clientele. Nguyen entered the café and asked to use the pay phone. The manager was preparing to close the café, but there were still people inside, including three men in a video game room. The manager allowed Nguyen to make a phone call and escorted him to the exit, where the manager saw two or three other…