Filed 3/15/06 P. v. Vang CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. MENG VA VANG, Defendant and Appellant. |
F045000
(Super. Ct. No. F02671486-9)
OPINION |
APPEAL from a judgment of the Superior Court of Fresno County. W. Kent Hamlin, Judge.
Linda M. Leavitt, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, J. Robert Jibson and Carlos A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Meng Va Vang challenges on evidentiary and instructional grounds a judgment convicting him of, inter alia, two counts of attempted willful, deliberate, and premeditated murder – one with an enhancement for personal and intentional discharge of a firearm proximately causing great bodily injury or death, the other with an enhancement for personal and intentional discharge of a firearm. We will affirm the judgment.
PROCEDURAL BACKGROUND
A jury found Vang guilty as charged of attempted willful, deliberate, and premeditated murder of Pao Heu (Heu) with personal use of a firearm and with personal and intentional discharge of a firearm (count 1), of attempted willful, deliberate, and premeditated murder of Chou Her (Her) with personal use of a firearm, with personal and intentional discharge of a firearm proximately causing great bodily injury or death, and with personal infliction of great bodily injury (count 2), of assault with a firearm on Heu with personal use of a firearm (count 3), and of assault with a firearm on Her with personal use of a firearm and with personal infliction of great bodily injury. (§§ 187, subd. (a), 245, subd. (a)(2), 664, 12022.7, subd. (a), 12022.53, subds. (b), (c), (d); former § 12022.5, subd. (a)(1).[1])
On the attempted murder counts, the court imposed a term of life with possibility of parole for the attempted willful, deliberate, and premeditated murder of Heu with a consecutive term of 25 years to life for personal and intentional discharge of a firearm (count 2) concurrently to a term of life with possibility of parole for attempted willful, deliberate, and premeditated murder of Her with a consecutive term of 20 years for personal and intentional discharge of a firearm (count 1). (§§ 189, 654, subd. (a), 664, subd. (a), 12022.53, subds. (c), (d).) On the assault with a firearm counts, the court imposed and stayed an aggregate term of 14 years consisting of an aggravated term of four years for assault with a firearm on Heu and an aggravated term of 10 years for personal use of a firearm (count 3) and imposed and stayed an aggregate term of 17 years consisting of an aggravated term of four years for assault with a firearm on Her, an aggravated term of 10 years for personal use of a firearm, and three years for personal infliction of great bodily injury (count 4). (§§ 654, 12022.5, subd. (a), 12022.7, subd. (a).)
FACTUAL BACKGROUND
Before stopping his car at a railroad crossing to wait for a train to pass on the afternoon of January 8, 2002, Heu saw that some people in a passing car looked at him â€
