California Court of Appeal

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PEOPLE v. NGUYEN, A091576

Where defendants withdrew from a conspiracy to commit robbery before their co-conspirators commenced the assault on the targeted premises, during which a victim was shot and killed, defendants are entitled to a verdict form on conspiracy as a lesser included offense of felony murder.

Appellate Information

  • Decided 08/13/2003
  • Published 08/14/2003

Judges

  • PARRILLI, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Stephen B. Bedrick, Oakland, appointed under the First DistrictAppellate ProjectIndependent Case System, for Appellant, Ted Vu Nguyen., Scott Alan Sugarman, San Francisco, appointed under the First DistrictAppellate ProjectIndependent Case System, for Appellant, Michael Yongqiang Liu., Joseph Courtney Shevelson, appointed under the First DistrictAppellate ProjectIndependent Case System, for Appellant, Cuong Chi Vuong., Colleen M. Rohan, appointed under the First DistrictAppellate ProjectIndependent Case System, for Appellant, Johnnie Tangha., Kathy Merickel Chavez, appointed under the First DistrictAppellate ProjectIndependent Case System, for Appellant, Eugene James Lee.

  • For Appellees:
  • Bill Lockyer, Attorney General of the State of California;  Robert Anderson, Chief Assistant Attorney General;  Ronald A. Bass, Senior Assistant Attorney General;  Michael E. Banister, Deputy Attorney General;  Catherine A. Rivlin, Supervising Deputy Attorney General, for Respondent.
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