Yu

Defendant Tom Yu appeals the judgment entered following a jury trial in which he was convicted of five counts of first degree murder (Pen. Code, § 187), eleven counts of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)), one count of conspiracy to commit murder (Pen. Code, §§ 182, 187), and one count of conspiracy to commit assault with a deadly weapon (Pen. Code, §§ 182, 245, subd. (a)). Armed allegations as to all 18 offenses were found true. Probation was denied and defendant was sentenced to state prison for life. We affirm the judgment.

The convictions stem from what has become known as the “Golden Dragon Massacre.” (See People v. Szeto (1981) 29 Cal.3d 20 [ 171 Cal.Rptr. 652 , 623 P.2d 213 ].) In that incident members of a Chinese youth gang, the Joe Boys, seeking revenge on members of two rival Chinese youth gangs, the Wah Ching and Hop Sing, entered a crowded restaurant in San Francisco’s Chinatown and opened fire on the patrons, killing and wounding innocent bystanders. Although defendant was not involved in the actual shootings, he was prosecuted as the instigator of the attack.

The underlying facts giving rise to…