Nguyen

Discussion section. Christopher P. Beesley, James M. Toohey, Warren J. Williams, Michael D. Butera, Deputy Attorneys General, for Plaintiff and Respondent.

2 In 1985, defendant Hung Ly (age 19) and Dat Phan (age 17) were dining with two young women at a restaurant. Two men at a nearby table were flirting with the women. Ly was offended and spoke to Phan, who made a phone call. Defendant Ninh Xuan Nguyen (age 21) arrived with a handgun. Ly and the young women went outside. Nguyen, Phan, and a third man opened fire within the crowded restaurant. As a result of the ambush, two people were killed, and four others were injured. In 1989, a jury convicted defendants of two murders, four attempted murders, and a conspiracy to commit murder. The jury found true related firearm and multiple murder special circumstance allegations. The trial court imposed determinate terms as to the four attempted murders (Ly 10 years, Nguyen 12 years). The court imposed consecutive life sentences without the possibility of parole (LWOP) as to the two murders. In 2022, defendants filed Penal Code section 1172.6 petitions 1 (formerly 1170.95). The People conceded the four attempted murder counts should be…