Tran

The People v. Tran

Caution
155 Cal. Rptr. 3d 803·2013 Cal. App. LEXIS 335·215 Cal. App. 4th 1207·2013 WL 1790242
Court of Appeal of CaliforniaApril 29, 2013H036764California6,052 words

Opinion

Opinion

Rushing, J.

I. Statement of the Case

A jury convicted defendant Ba Tran of first degree murder and found that in committing it he personally discharged a firearm and caused great bodily injury. (Pen. Code, §§ 187, 12022.53, subds. (b), (c) & (d).) The court sentenced him to an indeterminate term of 50 years to life. On appeal, he claims the court erred in admitting testimony about statements defendant’s brother made to a third party that incriminated defendant.

We find no error and affirm the judgment.

II. Facts

Defendant Runs Fronts for Prostitution

Officer Ryan Chan of the San Jose Police Department testified as an expert on prostitution in Santa Clara County. He said that nail salons, massage parlors, and barber shops often operate as fronts for prostitution. He explained that an owner will set up the front business and then delegate the day-to-day operation and security to a manager. The prostitutes split their earnings with the manager and owner. Officer Chan opined that in Santa Clara County, Asian gangs were not directly involved in running prostitution businesses or extorting money from them.

On April 3, 2008, Officers Chan and Dan Anderson of the San Jose Police…

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