People v. Nguyen CA1/3

Filed 3/11/26 P. v. Nguyen CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A172536 v. HUNG QUOC NGUYEN, (Contra Costa County Super. Ct. No. 05001001346) Defendant and Appellant.

Defendant Hung Quoc Nguyen appeals from the trial court’s postjudgment order denying his petition to be resentenced under Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Stats. 2018, ch. 1015, § 4) (hereafter Senate Bill 1437). Appellate counsel has filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) and People v. Wende (1979) 25 Cal.3d 436 and requests that we conduct an independent review of the record. Counsel informed Nguyen of his right to file a supplemental brief, and Nguyen timely filed one. Having examined the entire record and Nguyen’s supplemental brief, we conclude there are no issues that require further briefing and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND This is Nguyen’s third appeal in this matter. The facts surrounding the underlying offense are set forth in greater detail in our unpublished opinion,

People v. Nguyen (Sept. 5, 2013, A135195) (Nguyen I) and summarized in People v. Nguyen (June 3, 2020, A158404) (Nguyen II). The Contra Costa County District Attorney charged Nguyen and two other defendants, Alberto Jose Alejandre and Martin Cerda, Jr., by information with (1) first degree murder of Francisco Perez (Pen. Code,1 § 187; count 1); (2) conspiracy to commit murder (§§ 182, subd. (a)(1), 187; count 2); (3) conspiracy to shoot a firearm from a motor vehicle (§ 182, subd. (a)(1), former § 12034, subd. (c); count 3); (4) shooting from a motor vehicle (former § 12034, subd. (c); count 4); (5) street terrorism (§ 186.22, subd. (a); count 5); and (6) shooting at an occupied motor vehicle (§ 246; count 6). Counts 1 through 5 were related to the murder of Perez on August 5, 2009, alleged to have been committed by Nguyen, Alejandre, and Cerda, and count 6 involved a separate shooting on August 3, 2009, alleged to have been committed by Nguyen and Alejandre. As summarized in our prior opinions, “the victim, Perez, was a former Sureño gang member. In 2003, Perez was with Martin Cerda’s older brother, Victor, when Victor shot and killed a rival Norteño gang member. Perez testified against Victor, and Victor was convicted of murder and sentenced to prison. “On August 5, 2009, Perez was leaving his home to go to work when ‘a fusillade of gunfire erupted’ and someone in a white van shot and killed Perez. Police went to the scene and found 19 shell casings from two different firearms. The police also obtained a surveillance videotape from a nearby store that showed a white van driving back and forth in the minutes before the shooting and Perez running from the van as the van drove slowly towards him with its side door open. Cell phone records revealed several calls from