Nguyen

People v. Thang Van Nguyen

Good Law
13 Cal. App. 4th 114·16 Cal. Rptr. 2d 490·1993 Cal. App. LEXIS 134·93 Daily Journal DAR 1991·93 Cal. Daily Op. Serv. 1065
Court of Appeal of CaliforniaFebruary 11, 1993G011288California2,816 words

Opinion

Opinion

Wallin, J.

Thang Van Nguyen appeals his conviction on multiple counts of robbery, burglary, assault with a deadly weapon, shooting at an occupied building, and false imprisonment, with numerous enhancements. He contends: (1) the abstract of judgment must be corrected to accurately reflect his convictions were for second degree robbery on two counts; (2) his conviction for discharging a weapon at an occupied building was improperly enhanced for use of a gun; (3) two great bodily injury enhancements were improper because they were not proven; (4) the trial court’s failure to fix the degree of the robberies and burglaries for which he was convicted requires a reduction in the sentence; and (5) the trial court erred by failing to stay certain counts as required by Penal Code section 654. We affirm.

Nguyen was charged with numerous violent crimes in two informations, including kidnapping for the purpose of robbery, robbery, burglary, assault with a deadly weapon, shooting into an inhabited dwelling, and false imprisonment. On the trial date, he waived the constitutional rights necessary to have the court determine his guilt in both cases based upon the preliminary hearing transcripts.…

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