People v. Ting CA2/2

BACKGROUND

In 2007, defendant was convicted of first degree murder and first degree robbery. The jury found true that the murder was committed during the commission of a robbery within the meaning of section 190.2, subdivision (a)(17). The jury also found true several firearm enhancement allegations, including that defendant personally used a firearm within the meaning of section 12022.5, subdivision (a). The trial court sentenced defendant to life in prison without the possibility of parole, plus four years. In 2009, we reversed the robbery conviction and remanded for a finding regarding the statute of limitations, but otherwise affirmed the judgment in People v. Ting (Sept. 15, 2009, B209911) (nonpub. opn.) (Ting I).

All further statutory references are to the Penal Code, unless otherwise indicated. We have granted defendant’s request to take judicial notice of the appellate record in that appeal. The result on remand is not included in the record but that does not affect the issues presented here.

2 The evidence at trial summarized in Ting I shows that in August 1992, when defendant was the leader of the Wah Ching gang, he and another gang member (Kenny) tried…