People v. Dang CA6

I. INTRODUCTION

Defendant Thanh Toan Dang appeals after a jury convicted him of willful, deliberate, and premeditated attempted murder (Pen. Code, §§ 187, 664, subd. (a))1 and assault with a semiautomatic firearm (§ 245, subd. (b)). The jury found true allegations that defendant personally and intentionally discharged a firearm (§ 12022.53, subd. (d)) during the attempted murder and allegations that defendant personally used a firearm (§ 12022.5, subd. (a)) and inflicted great bodily injury (§ 12022.7, subd. (a)) during the assault with a semiautomatic firearm. The trial court found true allegations that defendant had previously been convicted of a prior serious felony (§ 667, subd. (a)) and a strike (§§ 667, subds. (b)-(i), 1170.12). The trial court sentenced defendant to a prison term of 30 years to life.

1 All further statutory references are to the Penal Code unless otherwise indicated. 1 On appeal, defendant contends: (1) there was insufficient evidence to support the jury’s finding that the attempted murder was willful, deliberate, and premeditated; (2) the jury’s finding that the attempted murder was willful, deliberate, and premeditated must be stricken because it…