Defendant Pan’s convictions and death sentence reversed where trial counsel conceded guilt on second degree murder despite Pan’s expressed desire to maintain complete innocence (McCoy error). The Court rejected defendant Chhuon’s RJA error claims based on prosecution references to his family being Cambodian immigrants and Buddhists, his targeting of Asian victims, and his being a “predator”, either finding no error or finding beyond a reasonable doubt that the violation did not contribute to the judgment.

Other holdings: 1) murder charges from separate counties properly joined; 2) no error in deeming witness unavailable (EC 1291) after reasonable prosecution efforts to locate; 3) numerous insufficient evidence claims rejected; 4) gang enhancements pre-dating AB 333 amendments reversed. [Editor’s Note: Justice Liu, joined by Justices Evans and Jenkins (ret.), dissents on RJA holding and would reverse Chhuon’s death judgment.]

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/S105403.PDF