 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Truong1/3/2005
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
A jury convicted Hi Quoc Truong of first degree murder and attempted murder arising from a barroom shooting. Defendant contends that the prosecutor committed prejudicial misconduct by: (1) failing to correct defense counsel's misapprehension that the first officers to reach the shooting scene had reported the shooter was "gone on arrival"; and (2) making improper arguments to the jury about the prosecution's burden of proof. Defendant also maintains that the trial court should have instructed the jury concerning an alleged prosecutorial discovery violation, and that the evidence was insufficient to support his convictions. We affirm the judgment.
BACKGROUND
Defendant was charged by information with the murder of Lung Lam in count I (Pen. Code, § 187) and with the attempted murder of Van Viet Ho in count II. (§§ 664/187.) The information alleged in count I that defendant personally discharged a firearm causing great bodily injury or death within the meaning of section 12022.53, subdivision (d), and that defendant personally used a firearm within the meaning of sections 1192, subdivision (c)(8) (sic) and 12022.5, subdivision (a)(1). The information alleged in count II that defendant personally discharged a firearm within the meaning of section 12022.53, subdivision (c), and that he personally used a firearm within the meaning of sections 1192, subdivision (c)(8) (sic) and 12022.5, subdivision (a). Defendant pleaded not guilty.
Jury trial commenced on September 4, 2002. Prosecution Case
Van Viet Ho was 27 years old and a native of Vietnam. He had lived in the United States for nine years. On the night of June 20, 1999, Ho went to a bar in San Francisco's Tenderloin District called the New Short Stop with two friends, Trung and Lung Lam. Ho and his friends drank beer at the bar. As Ho walked toward the men's restroom, he was tapped on the shoulder from behind and he heard someone say, "You look so streetwise." Ho turned around and was struck in the face by a man he later identified as defendant.
A group of men rushed into the bar and one man pushed Ho with a barstool. A shot rang out and everyone ran. Ho sat down and saw his friend Lung Lam lying on the ground with blood covering his shirt. Defendant, standing over Lam, pointed a gun at Lam and fired two or three shots before he turned and ran. Ho did not notice if defendant ran out of the bar. Ho was three or four feet away when he saw defendant shoot Lam, who was unarmed. Ho crawled over to his friend and began CPR on him. He told the bar owner to call an ambulance. At that moment, Ho saw two policemen enter the bar.
At about 1:30 a.m. on June 21, 1999, Officer Bobby Cheung and his partner, Officer Tim Fowlie, were dispatched to 755 O'Farrell Street to investigate a noise complaint. They were getting out of their police car when they heard a gunshot, followed by two more gunshots. The shots appeared to come from the New Short Stop bar across the street at 782 O'Farrell, where several Asian males were running out. One of them yelled at the officers that someone had been shot in the bar. Officer Cheung did not see anyone fleeing with a gun. Officer Fowlie radioed dispatch and other units about the situation and then proceeded quickly toward the bar.
Officer Cheung entered the New Short Stop with his gun drawn. He saw an
Page 1 2 3 4 5 6 7 8 9 10 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|