Tran

This appeal arises out of appellants’ conviction for various charges stemming from a near fatal shooting at a restaurant in a food court at a shopping center. A jury convicted appellants of conspiracy to commit first degree murder (Pen. Code, § 182, subd. (a)(1)), attempted premeditated murder (Pen. Code, §§ 664/187), second degree burglary (Pen. Code §§ 459/460, subd. (b)) and two counts of assault with a firearm (Pen. Code, § 245, subd. (a)(2)). Appellant Vinh Chi Nguyen was also convicted of possession of a firearm by an ex-felon (Pen. Code, § 12021, subd. (a)). Tan Minh Tran was acquitted of shooting into an inhabited dwelling (Pen. Code, § 246). The jury also found true various arming and great bodily injury enhancements against Nguyen. It found true all the arming allegations against Tran but found not true the great bodily injury allegations against him. Both appellants were sentenced to state prison for 36 years to life.

On appeal, Nguyen, joined by Tran, contends that the shooting victim’s mental and physical infirmities precluded any meaningful opportunity for cross-examination and that the trial court abused its discretion in permitting this witness to…