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PEOPLE v. VY

No. H025873.

19 Cal.Rptr.3d 402 (2004)

122 Cal.App.4th 1209

The PEOPLE, Plaintiff and Respondent, v. Dao Van VY, Defendant and Appellant.

Court of Appeals of California, Sixth District.

As Modified on Denial of Rehearing October 25, 2004.

Review Denied January 19, 2005.

Attorney(s) appearing for the Case

Stephen Greenberg (Under appointment by the Court of Appeal), for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Supervising Deputy Attorney General, John R. Vance, Jr., Deputy Attorney General, for Plaintiff and Respondent.

Certified For Partial Publication.*

WALSH, J.**

Defendant Dao Van Vy (age 16) was a member of a small Vietnamese gang in San Jose. He and five other young males attacked a single unarmed male in a parking lot in broad daylight after the victim claimed membership in a rival gang. Defendant — who was the only armed assailant and the only one hiding...

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