People v. Xiong CA5

INTRODUCTION

Defendants Khue Xiong, Jesse Vang, and Kou Hang were convicted of burglarizing Monica Trujillo’s home while she was inside. Thereafter, they led pursuing officers on a vehicle chase. According to a gang expert, all three were members of the URC gang. The jury found that several of defendants’ crimes were committed for the benefit of, at the direction of, or in association with a criminal street gang. (See Pen. Code § 186.22, subd. (b)(1).)1 Defendants contend there was insufficient evidence their crimes were gang-related. We disagree, concluding there was sufficient evidence the crimes were committed “in association with” a criminal street gang. We also hold defendant Vang waived his current contention that evidence of defendant Xiong’s prior jail classification admissions was improperly allowed. Finally, pursuant to a concession from the Attorney General, we will order defendant Xiong’s abstract amended to reflect an additional day of custody credit. We affirm the judgments.

BACKGROUND

The information in this case charged defendants Khue Xiong, Kou Hang, and Jesse Vang with first degree residential burglary committed while a nonaccomplice was present in the…