P. v. Nguyen

Filed 3/6/06 P. v. Nguyen CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

A jury convicted defendant Tri Dung Nguyen of first degree murder involving the personal use of a deadly weapon (Pen. Code, §§ 187, subd. (a), 12022, subd. (b)(1)). After the trial court sentenced him to state prison for a total term of 26 years to life, defendant filed a timely notice of appeal. His sole claim of error concerns alleged error in the admission of certain evidence. The necessary details are as follows:

The victim, Quyen Bui, had a tempestuous and violent relationship with defendant. Often drunk, defendant once smashed a bottle over her head and repeatedly made threats about killing or harming her. On June 4, 2002, two days after he was arrested for threatening Ms. Bui, she obtained a restraining order against defendant. Five days later, on June 9, 2002, neighbors observed defendant and Ms. Bui engage in a heated argument. The neighbors called 911 for police. When officers arrived they found Ms. Bui dead from multiple stab wounds. Defendant was lying atop her body, and a bloody knife, which was the likely murder weapon, lay nearby. Defendant admitted killing Ms. Bui. According to his version, she initiated the fight, she produced the knife, she stabbed him first, and she followed him when he tried to flee.

The relationship between defendant and Ms. Bui generated a number of statements by Ms. Bui. Some were made directly to a police officer; the rest were uttered during recorded 911 calls. The prosecution moved in limine to â€