People v. Tran CA4/3

STATEMENT OF FACTS

In 2003, Tran and a codefendant were jointly charged in a felony complaint with the attempted murder of W.M. with malice aforethought and street terrorism (§§ 664, 187, 186.22, subd. (a)). It was also alleged they acted for the benefit of a criminal street gang in committing the attempted murder. (§ 186.22, subd. (b)(1).)2 At Tran’s preliminary hearing, no percipient witnesses testified; all the evidence was presented by way of law enforcement officers pursuant to Proposition 115. (See § 872, subd. (b).) Tran was held to answer for trial on all charges. In the first amended information, the prosecution alleged, in addition to the original charge, a new charge of shooting from a motor vehicle (§ 12034, subd. (c)). It also included new enhancement allegations Tran personally inflicted great bodily injury on W.M. and personally discharged a firearm during his crimes (§§ 12022.7, subd. (a), 12022.53, subd. (c)).

1 Effective June 30, 2022, section 1170.95 was renumbered

section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) All statutory references are to the Penal Code. 2 Tran’s codefendant later pleaded guilty to attempted voluntary

manslaughter…