California Court of Appeal

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PEOPLE v. VO, C034960

In a conviction for a gang-related drive-by first degree murder, the trial court erred in 1) instructing the jury on the "predicate offense" element of a criminal street gang enhancement (Pen. Code, section 186.22, subd. (b)(1)), but the error was harmless, 2) sentencing defendants on their convictions for assault with a firearm, and 3) imposing consecutive determinate terms of imprisonment for the gang enhancements on the murder convictions. Defendants- sentences are modified to correct the sentencing errors.

Appellate Information

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

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Janice M. Lagerlof, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant Ro Van Vo., The Law Office of Lauretta Marie Oravitz-Komlos and Lauretta Marie Oravitz-Komlos, San Francisco, for Defendant and Appellant Quyen Tran., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Stan Cross, Supervising Deputy Attorney General, Janet E. Neeley, Deputy Attorney General, for Plaintiff and Respondent.
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