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PEOPLE v. NGUYEN

No. A091576.

4 Cal.Rptr.3d 211 (2003)

111 Cal.App.4th 810

The PEOPLE, Plaintiff and Respondent, v. Ted Vu NGUYEN, et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Three.

Rehearing Denied September 11, 2003.

Review Denied November 12, 2003.

Attorney(s) appearing for the Case

Stephen B. Bedrick, Oakland, appointed under the First District Appellate Project Independent Case System, for Appellant, Ted Vu Nguyen.

Scott Alan Sugarman, San Francisco, appointed under the First District Appellate Project Independent Case System, for Appellant, Michael Yongqiang Liu.

Joseph Courtney Shevelson, appointed under the First District Appellate Project Independent Case System, for Appellant, Cuong Chi Vuong.

Colleen M. Rohan, appointed under the First District Appellate Project Independent Case System, for Appellant, Johnnie Tangha.

Kathy Merickel Chavez, appointed under the First District Appellate Project Independent Case System, for Appellant, Eugene James Lee.

Bill Lockyer, Attorney General of the State of California; Robert Anderson, Chief Assistant Attorney General; Ronald A. Bass, Senior Assistant Attorney General; Michael E. Banister, Deputy Attorney General; Catherine A. Rivlin, Supervising Deputy Attorney General, for Respondent.

PARRILLI, J.

Under California law, a conspirator who withdraws from the conspiracy affirmatively and in good faith, and communicates that withdrawal to the other conspirators, remains liable for the conspiracy itself but avoids liability for the target offense or any subsequent acts committed by coconspirators. (People v. Sconce (1991) 228 Cal.App.3d 693, 701, 279 Cal.Rptr. 59

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