People v. Nguyen CA3

BACKGROUND

The People charged defendant and two codefendants, Bruce Huy Phan and Lamson Trong Pham, with the murder of Alan Khamphoumy. (§ 187) Personal use and discharge of a firearm causing great bodily injury or death was also alleged. (§ 12022.53, subds. (b)-(d)). In addition, the People charged defendants with the attempted murders of T.T. and V.D. (§§ 664/187) along with the same firearm allegations. A jury found defendant guilty of second degree murder and two counts of attempted murder. The jury found each of the firearm enhancement allegations not true. (Pham, supra, C049751,

C049992.)

3 In supplemental briefing, defendant also argued that the trial court violated his due process rights by considering the record of conviction at the prima facie stage of the proceedings. In light of the Supreme Court’s subsequent decision in People v. Lewis (2021) 11 Cal.5th 952, defendant now concedes that, after appointing counsel and allowing briefing, the trial court was permitted to consider the record of conviction at the prima facie stage. Accordingly, we will not address this claim.

2 A We summarize the relevant facts underlying the convictions from this court’s unpublished…