People v. Hieu Chi Nguyen

Opinion

WERDEGAR, J.

Hieu Chi Nguyen appeals from a sentence imposed on convictions for two counts of robbery (Pen. Code, § 211)

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and one count of assault with a firearm (§ 245, subd. (a)(2)). We remand for the trial court to consider whether Nguyen should be transferred to the California Youth Authority for purposes of housing and rehabilitation. (Welf. & Inst. Code, § 1731.5, subd. (c).)

Facts

Anh Le and her brother Danh were working in their family’s restaurant; Anh was at the cash register and Danh, along with Giang Nguyen and

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another man, was in the kitchen. Three young men, one of whom Anh Le identified as defendant, had dinner. After they finished, defendant approached Anh at the register to pay their bill.

As Anh gave defendant his change, he displayed a handgun and told her to raise her hands. When she complied, he fired a shot at the ceiling, then walked around the register and pushed Anh to the floor. Hearing the noise, Danh started to come out from the kitchen. Defendant fired at him through the doorway, hitting him in the arm.

As Danh was lying injured on the kitchen floor, he saw a man come into the kitchen from the back storage area and say, “Give me everything.” The man threatened to shoot Giang Nguyen if he did not comply. Giang Nguyen put his wallet on a table; the man took it and ran out.

Anh testified defendant left after he shot Danh. Anh was starting to stand up, when another man came from the kitchen. He pointed a gun at her head and told her he would shoot her if she stood up. Defendant said, “run,” and the man ran.

Defendant’s fingerprints were found on a tea cup and metal tea pot in the restaurant. Anh Le found about $400 was missing from the cash register after the men left.

Discussion

I.

Request To Be Housed at California Youth Authority