People v. Nguyen CA4/3

FACTS AND PROCEDURAL BACKGROUND

The following facts are taken from Nguyen I: “Defendant belonged to Asian Gang (AG), a criminal street gang. He was hanging out late one night with other AG gang members at a Westminster restaurant. Members of a rival gang, Asian Crip Boys (ACB), approached them. Defendant called out, ‘You m . . . f . . . , ACB,’ and ‘F . . . ACB.’ A fight broke out. Defendant punched a rival gang member, chased him while carrying a ‘Club’ vehicle anti-theft device, and threw the Club at him. The fight eventually ended; defendant left. “Later that night, sometime before dawn, defendant received a phone call from his friend, another AG gang member. His friend asked defendant to come to his house due to ‘an emergency.’ His friend’s car window had been smashed. Defendant, his friend, and two other AG gang members went looking for the rival gang members they suspected had broken the window. Defendant went to ‘back up’ the other gang members-i.e., provide support and use their guns in case they got injured. They found the rival gang members driving around Westminster, and followed them. “The rival gang member’s car pulled over on Erin Street in Garden Grove. The driver,…