People v. Le CA3

FACTS AND PROCEEDINGS

Defendant’s Convictions In our opinion on direct appeal, we summarized the incident leading to defendant’s convictions. (People v. Le (Oct. 29, 2003, C041716) [nonpub. opn.].)2 In 1997, Melinda Vo was driving a car in which Thanh La was the passenger. A car driven by defendant began following close behind the car driven by Vo. Eventually, defendant’s car pulled up to Vo’s car, and five or six gunshots rang out. Vo was shot and died. La later explained to police officers that defendant was Vo’s boyfriend. In 2001, a jury found defendant guilty of murder (§ 187, subd. (a); count one) and attempted murder (§§ 187, subd. (a), 664). As to count one, the jury found true a special circumstance allegation that the murder was intentional and perpetrated by means of discharging a firearm from a motor vehicle with the intent to inflict death. (§ 190.2, subd. (a)(21).) As to both counts, the jury found that defendant was armed with a firearm. (§ 12022, subd. (a).) The trial court sentenced defendant to life without the possibility of parole for the murder of Vo and to a consecutive term of seven years for the attempted murder of La. The court also imposed two one-year…