People v. Kheav CA1/5

I. FACTS AND PROCEDURAL HISTORY

In February 2014, an amended information charged Kheav (and his co- defendants Saun Oeurn, Phon Mey, Scott Moeun, and Danny Vo) with one count of murder (§ 187, subd. (a)); three counts of attempted murder (§§ 664, 187, subd. (a)); and one count of shooting at an inhabited dwelling (§ 246). As to each count, the amended information alleged multiple firearm and great- bodily-injury enhancements (§§ 12022.5, subd. (a), 12022.53, subds. (b)–(d), (g), 12022.7, subd (a)). In May 2015, Kheav entered a plea of no contest to voluntary manslaughter (§ 192, subd. (a)) with an enhancement for personal use of a firearm (§ 12022, subd. (a)(1)) and attempted murder (§§ 664, 187). The plea agreement included a negotiated term of 14 years, four months, and was contingent on Kheav providing truthful testimony in the trial of his codefendants. A. Co-Defendants’ Trial Oeurn, Mey, Moeun, and Vo were tried before a jury. In violation of his plea agreement, Kheav refused to testify.

2 1. Trial Evidence2 Kheav, Oeurn, Mey, Moeun, and Vo, as well as Jordan Chhit and Alex Thum, were members or associates of the Asian Streetwalkers gang (ASW) in Oakland. On January 28,…