Vu

Charged with the attempted murder of Cong Phan, defendant Tien Minh Vu appeals from a judgment of conviction after a jury found him guilty of attempted voluntary manslaughter (Pen. Code, §§ 192, subd. (a), 664 ) and assault with a firearm (§ 245, subd. (a)(2). Accompanying firearm use (§ 12022.5) and great bodily injury (§ 12022.7) allegations were found to be true. Defendant makes various contentions of instructional, evidentiary and sentencing error. We generally reject his arguments or, if error, conclude it was not prejudicial. Accordingly, we affirm the judgment.

Factual and Procedural Background

The events in this case arise out of the somewhat volatile relationship between defendant, his girlfriend Hang Nguyen and Nguyen’s husband, Hai Vu (no relationship to the defendant). Beginning in early 1988, Nguyen began moving back and forth between her husband’s home and defendant’s apartment. The arrangement was not amicable. There was an altercation between defendant and Vu at a Vietnamese market in late June followed by various threats, counterthreats and perceived threats.

On July 20, Vu asked the eventual victim, Cong Phan, to accompany him to defendant’s apartment…