People v. Hoang CA2/6

Facts Like the parties and the trial court, we take the statement of facts from our unpublished opinion affirming the convictions of appellant and his co-defendants. (People v. Phoutthachak, et al., (Oct. 13, 2005, B177080) [nonpub. opn.].) Defendant Hoang and his co-defendants were all members of the Black Dragon gang. Nancy Phang was the girlfriend of Hoang. She was also friends with Binh Huynh (the victim), whom Hoang did not like. On December 14, 2002, Phang went to the Oiwake restaurant with the victim and some other friends while Hoang attended another party with co-defendants. Hoang spoke to Phang on the telephone after leaving the party and seemed unhappy that she was with the victim and his friends. The victim went outside to the stairwell of a parking structure adjacent to the restaurant to make a call on his cell phone. David Hang was smoking a cigarette on another landing of the stairwell and saw three Asian males approach from the other side of the parking structure. One of them said, “Where are you from?” Hang said, “Nowhere,” and the other man replied, “Black Dragon.” The three men then went down the stairs to the area where the victim was sitting. Hang was joined…