P. v. Chiu
At a joint trial, a jury found defendants Bobby Chiu and Tony Cong Hoong guilty of first degree murder. It also sustained enhancement allegations that they committed the crime in association with a criminal gang, and a principals personal use of a firearm in the crime, resulting in great bodily injury. Staying the imposition of sentence on the gang enhancements, the trial court sentenced them to state prison for a minimum indeterminate life term of 50 years. Under compulsion of the far-reaching duty that our Supreme Court has fashioned to instruct on lesser offenses sua sponte, we must reverse the murder conviction of defendant Chiu and vacate the related enhancements. Court also find the evidence is insufficient to support either enhancement as to defendant Hoong. Court otherwise affirm the judgment as to defendant Hoong.
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