People v. Nguyen CA4/3

INTRODUCTION

Defendant Peter Nguyen is an active member of the criminal street gang known as Tiny Rascals Gang (TRG). One evening in March 2009, Nguyen, along with a few TRG affiliates or allies, “hit up” a group of members and affiliates from one of TRG’s rivals, the criminal street gang known as Asian Gang. Nguyen explained that his group hit up the Asian Gang group because one member of that group had been saying derogatory things about TRG on the Internet. A fight broke out between the two groups, during which two members of the Asian Gang group were stabbed and another member was shot. A jury found Nguyen guilty of street terrorism and assault with a semiautomatic firearm, but could not reach verdicts on one count of attempted murder and two counts of aggravated assault with a knife. Following a retrial, a jury found Nguyen guilty of two counts of aggravated assault with a knife. Nguyen contends insufficient evidence supported each of the offenses for which he was convicted. We affirm. We reject Nguyen’s argument that the California Supreme Court’s decision in People v. Rodriguez (2012) 55 Cal.4th 1125 (Rodriguez) mandates reversal of his conviction for street terrorism.…