People v. Nguyen CA4/3

FACTS

A detailed recitation of the facts can be found in People v. Hung Nguyen et al. (June 21, 2001, D037303) [nonpub. opn.]. Suffice it to say, Em drove his car on the freeway while his passenger, Hung Nguyen, shot at another car that contained a woman and killed her. An information charged them with murder with the special circumstance they discharged a firearm from a vehicle. The information alleged Hung personally discharged a firearm, and Em was vicariously armed with a firearm. The prosecution’s theory was Em aided and abetted Hung. The trial court instructed the jury with CALJIC No. 3.01, “Aiding and Abetting.” The trial court did not instruct the jury with CALJIC No. 3.02, “Principals—Liability for Natural and Probable Consequences.” The jury convicted them of first degree murder and found true the allegations. The trial court sentenced Em to prison for life without the possibility of parole. In People v. Hung Nguyen et al., supra, D037303, the Fourth Appellate District, Division One, affirmed. Em filed a section 1170.95 petition. The trial court appointed counsel for Em. The prosecution filed a response, and Em filed a reply. At a hearing, the trial court denied the…