Tran

Tanh Tran and Dong Tran were charged in an amended information with attempted robbery (Pen. Code, §§ 664, 211) and assault with a deadly weapon (§ 245, subd. (a)). The latter was also charged with misdemeanor assault and battery (§§ 240, 242). Armed and use enhancements were alleged respectively (§§ 12022.5, 12022, subd. (a)).

The jury was sworn, and the victim related a confusing, disjointed statement through a Vietnamese interpreter to the effect he was approached by the Trans as he was leaving the financial aid office at Santa Ana College on August 4, 1982. They assaulted him when he refused Dong’s request for money. Dong then pointed a gun at him and told him to leave the state.

The court recessed before cross-examination by defense counsel. After the recess, Tanh and his counsel waived jury, stipulated disturbing the peace (§ 415) was a lesser included offense, and agreed to submit the determination of guilt or innocence to the court. Dong and his counsel also waived jury, stipulated brandishing a firearm (§417) was a lesser included offense, and submitted the matter. The prosecution accepted the stipulations on the record and rested. Defense counsel did not…