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Name: People v. Vang
Case #: F030545
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/02/2001
Subsequent History: Rev. den. 6/20/01

In two drive-by shootings, the defense contended that the evidence was insufficient to show intent to kill anyone but victim Her at one location and victim Fang at another, based upon the location of bullets centered around the area where each of them could be seen from the street. Based upon the placement of the shots, and the use of high-powered, wall-piercing weapons, the jury could reasonably infer that defendants intended to kill every living being within the residences they shot up, including the eight other victims. The fact that the defendants could not see all the victims did not negate their intent to kill them. At one location, there were at least 50 bullet holes, with the damage spanning 25 feet, ranging from 3 inches to 6 and ½ feet from the ground. Also, expert testimony established that gang retaliation often includes the families of rival gang members and the defendants’ families had recently themselves been the victims of suspected gang violence.