Pham

Convicted of second degree murder, two counts of attempted murder, and discharging a firearm at an inhabited dwelling, and sentenced to 79 years to life in prison, defendant Anh-Tuan Dao Pham appeals, contending (1) there was insufficient evidence to support his convictions for murder and attempted murder; (2) the trial court erred in instructing the jury on murder, attempted murder, and consciousness of guilt; (3) the trial court erroneously and prejudicially limited his case; (4) his trial attorney was ineffective; (5) the trial court erred in allowing the jury to formulate questions for the witnesses; (6) sentence enhancements were imposed in violation of his rights under the Sixth Amendment; (7) a firearm use enhancement was wrongfully imposed on the conviction of discharging a firearm at an inhabited dwelling; and (8) his de facto sentence of life without parole amounts to cruel or unusual punishment, primarily because he was 16 years old at the time of the crimes.

In the published part of our opinion, we reject defendant’s argument that there was insufficient evidence to support his convictions for attempted murder. Defendant implicitly admits there was sufficient…