People v. Van CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND

On February 4, 2005, a jury convicted defendant and appellant, Toan Quoc Van,

of conspiracy to commit residential robbery (§§ 182, subd. (a)(1), 213, subd. (a)(1)(A),

count 1); conspiracy to commit attempted residential robbery (§§ 211, 213,

subd. (a)(1)(A), 664, count 2); attempted residential burglary (§§ 459, 664, count 3);

attempted, premeditated murder of a police officer (§§ 187, subd. (a), 664, subd. (e),

count 4); possession of a firearm by a felon (§ 12021, subd. (a)(1), count 6), and resisting

an officer by force or violence (§ 69, count 8). (People v. Van (July 23, 2007, E037955)

2 The court filed the motion as a “letter from defendant” and ruled on the motion as “correspondence from” defendant.

3 “If the defendant . . . files a supplemental brief or letter, the Court of Appeal is required to evaluate the specific arguments presented in that brief and to issue a written opinion.” (Delgadillo, supra, 14 Cal.5th at p. 232.)

2 [nonpub. opn.] (Van I); People v. Van. (Dec. 23, 2009, E048243) [nonpub. opn.] (Van

II).)

The jury also found true allegations that defendant committed the crimes in counts

1 through 4 for the benefit…