People v. Lee

Certified for Partial Publication. [*]

In the published portion of this gangland murder and attempted murder case, we hold the jury was properly instructed on the doctrine of transferred intent to kill as to the murder charges. We also hold the court erred by failing to instruct the jury that to find the enhancement penalty provisions of Penal Code section 664 subdivision (a) applicable, it must find the defendants personally premeditated and deliberated the attempted murders. We find, however, that the error was harmless beyond a reasonable doubt.

In the unpublished portion of the opinion, we hold insufficient evidence supports one of the attempted murder convictions and reduce it to a violation of section 245 subdivision (a)(2), assault with a deadly weapon.

By consolidated second information, defendants Johnson Xiong and Phia Lee were charged with two counts of murder (counts 1 & 2; Pen.Code [1] § 187) and seven counts of attempted murder (counts 3-9; §§ 664/187). A special circumstance allegation of multiple murders accompanied the murder counts. (§ 190.2, subd. (a)(3).) On the attempted murder counts, it was alleged defendants personally inflicted great bodily…