P. v. Yin

Filed 8/25/06 P. v. Yin CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

APPEAL from a judgment of the Superior Court of Los Angeles County. Arthur R. Jean, Jr., Judge. Affirmed as modified.

Edward H. Schulman, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, William T. Harter, Carl N. Henry and Juliet H. Swoboda, Deputy Attorneys General, for Plaintiff and Respondent.

____________________________

INTRODUCTION

Appellant Dara Yin challenges his murder, attempted murder, and shooting at an occupied motor vehicle convictions on the grounds the trial court erred by denying his continuance request to attempt to raise money to retain counsel; insufficient evidence supports the jury's gang-related murder special circumstance and gang enhancement findings; gun use enhancements were improperly imposed upon him; the â€