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P. v. Lu
Erica Lu and Somsack Sisangkhomh were convicted, following a jury trial, of one count of attempted extortion in violation of Penal Code[1]section 524 and one count of first degree burglary of an inhabited dwelling house in violation of section 459. Lu was also convicted of one count of assault with a stun gun in violation of section 244.5, subdivision (b). Sisangkhomh was also convicted of one count of assault by means likely to produce great bodily injury in violation of section 245, subdivision (a)(1). The trial court found true the allegations that Sisangkhomh had three prior serious or violent felony convictions within the meaning of section 667, subdivisions (b) through (i) and 1170.12 (the "Three Strikes" law.) Lu was sentenced to a term of seven years and four months in state prison. Sisangkhomh was sentenced to life in prison plus 85 years.During trial, Detective Glass showed the stun gun to the jury, and turned it on. The gun emitted a bright light and made a crackling sound. It was stipulated that Lin did not recognize Lu in a six-pack photographic line up shown to him on November 1, 2002. Lu's sentence for assault is ordered stayed pursuant to section 654. The judgment is affirmed.


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