People v. Duong CA4/3

Filed 1/15/16 P. v. Duong CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050528

v. (Super. Ct. No. 13WF1379)

CUONG HONG DUONG, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Sheila F. Hanson, Judge. Affirmed. Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Minh U. Le, Deputy Attorneys General, for Plaintiff and Respondent.

Cuong Hong Duong appeals from a judgment after a jury convicted him of attempted murder, robbery, and false imprisonment by violence. Relying on Penal Code section 654, Duong argues the trial court erred by failing to strike the punishment for robbery. We disagree and affirm the judgment. FACTS Namju Choi worked as a prostitute at a hotel, and Duong was a client. During their appointment, Duong entered her room, looked around, and asked to use the bathroom. He laid down on the bed where Choi could see a folded green belt inside his pocket. Choi asked Duong to pay her $120 upfront because it was his first appointment with her. Duong stood up, patted his clothes, and checked his pocket. Duong told her that he left his money in his car, and he left the room. The surveillance footage showed the following: Duong left the room, rode the elevator down to the ground floor, and immediately rode the elevator back up to Choi’s floor; and he reached for the belt in his pocket and hid it behind his back as he approached her room. As Choi took off her undergarments, Duong knocked on the door. Choi opened the door and when she walked away from him, Duong came from behind and put his belt around her neck. He wrapped the belt around Choi’s neck a second time and pulled. Choi could only touch the outside of the belt because Duong had it pulled so tightly around her neck. Duong was so strong she could not struggle. Although Choi told Duong that she would give him all her money, he continued to strangle her until she became unconscious. When Choi regained consciousness, she was lying on the bed with a towel over her face. Choi crawled onto the floor and towards her luggage where she found her cell phone, but she was so startled, she could not make a telephone call. She looked through her luggage and noticed three of her credit cards and approximately $1,000 was missing. Choi went to the bathroom to check her face, which was “black,”