Lee v. Super. Ct.

BACKGROUND

Complaint On January 2, 2020, a felony complaint was filed against petitioner Ger Lee and several codefendants.2 The complaint charged defendants with four counts of murder, one count of conspiracy to commit murder, and 12 counts of attempted premeditated murder, as well as multiple enhancements including that each of the four defendants personally discharged a firearm causing great bodily injury or death.3 (§ 12022.53, subd. (d).) The charges arose out of an alleged plan by the “Mongolian Boys Society” (MBS) gang to avenge a prior killing they believed to have been perpetrated by members of the “Asian Crips” gang. Petitioner allegedly held a meeting where MBS gang members selected a home believed to be frequented by Asian Crips gang members as a target. On

1 Subsequent statutory references are to the Penal Code unless otherwise indicated.

2 The codefendants charged with petitioner are: Anthony Montes, Porge Kue and Billy Xiong. Petitioner’s codefendants are not parties to this appeal. 3 The final count of attempted murder contained typos which at certain points indicated the charge was murder and at other points indicated the charge was attempted murder. An amended…