People v. Xiong CA5

FACTS

I

PROSECUTION EVIDENCE

The Charged Offenses As of July 20, 2009, Xay Yang resided in the 1700 block of Radley Place, Modesto.2 Xay, who is Hmong, explained there are approximately eight last names in the Hmong culture. If two people share the same last name, they are automatically part of the same clan. It is considered taboo to date or marry someone from the same clan, even though blood ties, if any, may be very distant. Clan members refer to each other as cousins or, in the case of someone older, grandparent or aunt or uncle, even if they are not blood relations. Nhia Yang was Xay’s brother. As of July 20, he was living in a detached room behind dwelling A. The room had two doors and a small window, as well as electricity, but no kitchen or bathroom. Xyeem Yang had known defendant for two months as of July 20. They were “[b]uddies.” They lived together in Winton, along with Xyeem’s “uncle,” Bee Yang, Bee’s son, and Gao Yang.3 Gao and defendant had been going out as long as Xyeem had known defendant. Lee Pao Yang lived in the same residential complex as defendant, and they became friends. As of July 20, they had known each other since Lee got out of jail,

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