P. v. Vo 8/14/03 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C034960

Case Date: 08/14/2003

Preview:Filed 8/14/03

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, Plaintiff and Respondent, v. RO VAN VO et al., Defendants and Appellants.

C034960 (Super. Ct. No. 98F03454)

APPEAL from a judgment of the Superior Court of Sacramento County, Peter Mering, J. Affirmed as modified. Janice M. Lagerlof, 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, 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.

*

Pursuant to California Rules of Court, rule 976.1, this opinion is certified for publication with the exception of parts I, II, III, IV, V, VI, VIIE, VIIIB, C, D, E, and IX. 1

Defendants Ro Van Vo and Quyen Tran were found guilty by a jury of first degree murder and assault with a firearm in a gang-related, drive-by shooting. On appeal, defendants claim

evidentiary error, ineffective assistance of counsel, insufficiency of the evidence, instructional error, prosecutorial misconduct, and sentencing error. We conclude the trial court erred in instructing the jury on the "predicate offense" element of a criminal street gang enhancement (Pen. Code,1

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