People v. Hoang CA6

I. BACKGROUND2

On November 14, 2013, the victim went to a parking lot to purchase cocaine from another individual. The victim was in his car. Defendant approached the victim, passed his hand in and then out of the driver’s side window, and pulled out a gun. He then moved away from the car and fatally shot the victim. The prosecution’s theory was that defendant intended to rob the victim and shot him when he resisted. Defendant testified at trial that he shot the victim in self defense. Defendant was charged with murder (§ 187) and second degree robbery (§§ 211- 215, subd. (c)). As to each count, it was also alleged that defendant personally discharged a firearm, causing the victim’s death (§ 12022.53, subd. (d)). A jury convicted defendant of second degree murder, found true the firearm enhancement allegation, but could not reach a verdict on the robbery count, and the trial court declared a mistrial on that count. The court sentenced defendant to an indeterminate term of 40 years to life, consisting of 15 years to life for the murder and

2 This court granted defendant’s request for judicial notice of the record and opinion in his prior appeal (People v. Hoang (Apr. 27,…