People v. Khonsavanh S.

Opinion

HALLER, J.

In two separate incidents, members of the Oriental Killer Boys (OKB) shot at members of a rival street gang, the Oriental Boy Soldiers (OBS). A petition filed in juvenile court under Welfare and Institutions Code section 602, charged Khonsavanh S. with six counts of attempted murder (Pen. Code,

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§§ 664, 187) and six counts of assault with a firearm (§ 245, subd. (a)(2)). The court dismissed the two counts related to the first incident, and the petition was amended to allege assault with a firearm (§ 245, subd. (a)(2)) in the second incident. The court made true findings and committed Khonsavanh to the California Youth Authority for a maximum term of 23 years and 4 months.

Khonsavanh unpersuasively contends insufficient evidence supports the court’s finding he aided and abetted others in the second incident. We agree, however, that the court erred by ordering Khonsavanh to undergo testing for acquired immunodefiency syndrome (AIDS), and that the correct maximum term of confinement is 18 years and 4 months. Accordingly, we affirm the judgment as modified.

Facts

About midnight on March 13, 1997, Sothan D., an OBS member, was standing outside his apartment building. A Toyota Supra and a Volkswagen Jetta slowly approached, and Sothan saw a handgun pointing from the Supra.

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As numerous shots were fired, Sothan fled. He was not injured, but his dog was shot in the leg.

The next evening, fellow OKB members Khonsavanh, Monthanny N., the driver of the Supra, and “Nasi,” the driver of the Jetta, attended a party. Members of OBS were loitering nearby. Khonsavanh, Monthanny, Nasi and others left to “go cruising” in OBS territory; Khonsavanh rode in Nasi’s car.

The same night, Sothan was at his neighbor Kathleen O.’s house. Also present were Mao V., another OBS member, Howard S. and Carrie G. Sothan glanced outside and saw the same cars involved in the previous night’s shooting. A young Asian male then peered through the open front door of Kathleen’s house. Someone inside said, “[ijt’s on,” and Sothan and others ducked. As Kathleen straggled to shut the door, three shots were fired at her. Ten to twenty more shots were fired at and into the house, many at head or chest level. No one was injured.