Filed 1/17/01
in the
Court of Appeal of the State of California
in and for the
Fifth Appellate District
CERTIFIED FOR PARTIAL PUBLICATION
|
THE PEOPLE, Plaintiff and Respondent, v. PHIA LEE et al., Defendants and Appellants. |
F028940 (Super. Ct. No. 571741-8) MODIFICATION OF OPINION ON DENIAL OF PETITION FOR REHEARING [No change in judgment] |
The opinion filed in the above-entitled action on December 18, 2000, is modified as follows:
On page 3 of the slip opinion, at lines 4-6, the last full sentence
of the paragraph is amended, to read as follows:
The special circumstances and premeditation allegations on the murder counts, i.e., that the murders were of the first degree, were found true.
On page 8 of the slip opinion, the complete paragraph following the heading entitled "B. Valeria Street murders and attempted murders (counts 1-5)," is amended so that it now reads:
Shoua "Amy" Her testified she was a former member of the Ladies of Destruction (LOD). This gang was made up of females that spent time with MOD members (Men or Menace of Destruction). She testified both defendants Xiong and Lee were members of MOD. Former LOD members Blia "Tina" Xiong and Pahoua "Patty" Yang confirmed defendants’ MOD membership.
The last two complete sentences on page 8 of the slip opinion are amended to now read as follows:
Amy Her explained the gangs have territories they claim as their property. The MOD blamed the murder of two of their members, Hamburger and Tarzan, on the USC (Unstoppable or Unseen Criminals).
On page 13 of the slip opinion, the last complete sentence on that page, "Lee stated a stolen vehicle was used for the drive-by shooting, but did not say his shots were fired from inside the vehicle." is amended so that it will now read:
Lee stated a stolen vehicle was used for the drive-by shooting.
On page 28 of the slip opinion, at lines 29 and 31, the initials "MOD" are deleted and the initials "USC" substituted therefor. The last three full sentences on that page will now read as follows:
And the instruction was proper based on, among other evidence, Phia Lee’s statement that he intended to kill USC members but accidentally shot innocent children instead. (See People v. Williams (1997) 16 Cal.4th 634, 683 ["that specific intent [to kill] did not have to apply to a specific person or persons was a correct statement of law"].) Troy was a USC member, and lived at the Valeria Street apartments.
Appellants’ petitions for rehearing are denied.
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WISEMAN, J.
WE CONCUR:
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DIBIASO, Acting P.J.
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THAXTER, J.