California Supreme Court

The People, Plaintiff and Respondent v. Lam Thanh Nguyen, Defenda — Cuellar, J., Concurring in Part and Dissenting…

August 13, 201561 Cal. 4th 1015

Summary

Justice Cuéllar, concurring in part and dissenting, would have concluded that the evidence was insufficient to support defendant's conviction for aiding and abetting the attempted murder of Tony Nguyen. He viewed the incident-specific evidence as showing only defendant's presence, gang association, and a stare, while the gang expert's generalized testimony could not establish defendant's specific intent to aid the shooting or intent to kill beyond a reasonable doubt. He joined the court's opinion in all other respects.