People v. Nguyen CA4/3

Filed 9/19/23 P. v. Nguyen 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061989

v. (Super. Ct. No. 06WF1567)

HUY QUOC NGUYEN, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed. Steven S. Lubliner, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Daniel Rogers and Amanda Lloyd, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant Huy Quoc Nguyen was convicted of attempted murder in 2008. He filed a petition for resentencing under Penal Code section 1170.95 (now 1172.6),1 which the trial court denied on its face. It found Nguyen was ineligible for relief because the record did not include a jury instruction on the natural and probable consequences theory of attempted murder. On appeal, Nguyen argues the jury instructions in the record are incomplete. After reviewing the record from Nguyen’s prior appeal of his conviction, we conclude the trial court was correct and affirm its order.

I FACTS AND PROCEDURAL HISTORY In 2008, a jury convicted Nguyen of attempted murder based on a gang- related shooting that occurred outside a restaurant. It also found true a gang enhancement and a firearm enhancement. Nguyen was sentenced to seven years to life for the attempted murder charge with a consecutive term of 25 years to life for the firearm enhancement. The court struck the gang enhancement for sentencing purposes. Nguyen’s conviction was affirmed on appeal (People v. Nguyen (Mar. 30, 2010, G040190) [nonpub. opn.]).2 In March 2022, Nguyen filed a petition for resentencing under section 1172.6. The trial court denied it on grounds Nguyen was ineligible for relief. It explained that Nguyen “was not ‘convicted of attempted murder under the natural and probable consequences doctrine.’ The jury instructions given do not include any instructions on the natural and probable consequences doctrine or on aiding and abetting.