Phan
People v. Phan
Opinion
Opinion
Woods, J.
At night, four men entered a family residence and during a one- to one-and-one-half-hour period robbed four and assaulted two family members. Appellants were two of the four men. A jury convicted them of all charges.
The sole contention of appellant Phan is the trial court erred in admitting the trial identification and pretrial photo identification by a robbery victim. Appellant Nguyen contends there is insufficient evidence he aided and abetted certain crimes, the trial court erred in failing to sua sponte give a unanimity instruction concerning certain counts, and the court impermissibly imposed double punishment. (Pen. Code, § 654.) We find the contentions without merit and affirm the judgments.
Factual and Procedural Background
We summarize the evidence with a perspective favoring the judgment. (People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ].)
On March 17, 1991, Saint Patrick’s Day, Due Tran, his wife, Kimqui Do, and their several children all lived at 2761 Delta Avenue in Long Beach. In the early evening only 19-year-old Patricia Tran, her 18-year-old sister Minh Tran, and their 3-year-old nephew were at home. All the doors…