People v. Nguyen CA6

Filed 7/10/14 P. v. Nguyen CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039936

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC102757)

v.

VAN THANH NGUYEN,

Defendant and Appellant.

In 2004, appellant Van Thahn Nguyen pleaded to and was convicted of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) with great bodily injury and gang enhancements. (Pen. Code, §§ 12022.7, subd. (a), 1866.22, subd. (b)(1).) He also admitted two prior strikes. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) Prior to sentencing appellant to 25 years to life pursuant to the former “Three Strikes” law, the court denied a motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497…