Vang

The convictions in this case stem from the drive-by shootings at two residences occurring within a very short time of each other. The facts are all too familiar: one of two warring gangs exacts revenge on the other in retaliation for prior gang activity and perceived slights to pride. In the published portion of this opinion we hold that substantial evidence supports eight attempted murder convictions, and attendant true findings of related enhancements. Penal Code section 188’s express malice requirement is met even though defendants could not see all their victims during the shooting rampage. We conclude that spraying an occupied residence with bullets from high-powered assault rifles manifests a deliberate intention to unlawfully take the lives of its inhabitants.

Procedural History

By information, defendants were charged with murder (count 1; Pen. Code, § 187), attempted murder (counts 2-12; §§ 664, 187), vehicle theft (count 13; Veh. Code, § 10851, subd. (a)), and street terrorism (count 14; § 186.22, subd. (a)). It was further alleged as follows: in counts 1 through 13, that the offenses were done to benefit a criminal street gang (§ 186.22, subd. (b)(1)); on…