P.

FACTS

In March 2007, defendant and Tien Phan exchanged insulting messages via online social media. One of defendant‟s messages to Phan stated: “Ha, ha, I‟m going to get a .45 and shoot at your pussy face. Fucking Wah Ching in the house.” On June 2, 2007, defendant and Nghia Duong were members of the Wah Ching gang. That evening, defendant and around nine other people arrived at a doughnut shop where Tien Phan and three of Phan‟s friends were present. Defendant‟s group yelled, “Wah Ching.” Defendant chased Phan into the shop and kicked him, causing Phan to jump over a counter. Duong asked the people in front of the shop, “You guys got shit with us?” They replied, “No.” Duong yelled, “This is Wah Ching.”

1 All statutory references are to the Penal Code.

2 Defendant, Duong, and several friends went to Bowling Green Park and smoked pot. There, Duong received a phone call from someone who claimed to be from the Dragon Family gang. The caller said he wanted to talk about the doughnut shop incident and “make sure everything [was] all right.” The caller asked Duong where he was and Duong replied he was at Bowling Green Park. About 10 minutes later, at least three cars drove into…