Nguyen

People v. Nguyen

Bad Law
1994 Cal. App. LEXIS 201·23 Cal. App. 4th 32·28 Cal. Rptr. 2d 140·94 Daily Journal DAR 3114·94 Cal. Daily Op. Serv. 1763
Court of Appeal of CaliforniaMarch 8, 1994H009895California4,167 words

Opinion

Opinion

Elia, J.

Sang Van Nguyen was convicted of robbery (Pen. Code, §§ 211, 212.5, subd. (b)) and false imprisonment. (Pen. Code, §§ 236, 237.) Nguyen was armed with a firearm when he committed the robbery. (Pen. Code, § 12022, subd. (a)(1).) On appeal, Nguyen argues that (1) the trial court erred in denying his motion to suppress a suggestive identification; (2) the trial court erred in denying appellant’s motion to dismiss the jury panel; and (3) the trial court’s restitution award was improper. We affirm.

Facts and Procedural Background

On October 8, 1991, Huong Ho opened her store, Hong Huong Fashion, for business. When she entered the store, she turned the closed/open sign to open. She placed her purse by the cash register.

Shortly thereafter, appellant and Thao Truong entered the store. They asked Ho if she had any new suits. Ho told them that the suits were in the back of the store. Truong went to the back of the store. Appellant remained in the front of the store by the cash register. Truong approached Ho with a pair of pants. He said he wanted to pay for them. Truong then said he needed a shirt. Ho said that she would help him select a shirt.

Truong then pointed a gun at…

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