People v. Nguyen
Annotate this CaseAfter a jury trial, Defendant was convicted of two counts of murder and related charges. Defendant was sentenced to death for the murders. The Supreme Court struck the sentence enhancements under Cal. Penal Code 186.22(b)(1) from the sentences imposed for actively participating in a gang in counts 3, 5, 7, 10, and 14, and affirmed the judgment in all other respects, holding (1) no prejudicial error occurred with regard to Defendant’s convictions arising out of the murder of either victim; (2) no prejudicial error occurred with regard to Defendant’s conviction arising out of the shootings of two other individuals and the related charge of active participation in a gang on an aiding and abetting theory; (3) it was improper to add to each of Defendant’s convictions for the crime of gang participation a sentence enhancement for committing the crime for the benefit of a gang under section 186.22(b)(1); (4) no prejudicial error occurred during the guilt phase or penalty phase; (5) Defendant’s challenges to California’s death penalty law were without merit; and (6) no reversal was warranted due to the cumulative effect of nonprejudicial errors during guilt and penalty phase.
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