People v. Huynh

Defendant and others chased Isaiah, Alvaro, and Julian, a student whom he perceived had “jumped” him 14 months earlier, and accosted Julian. Julian told police that one man hit the back of his head with a blunt object; another raised a hammer before Julian ran. Julian did not have visible injuries or identify his assailant. Alvaro stated someone said: “Get him,” and that an Asian male hit Julian in the back of the head with a hammer. Isaiah said that Julian was struck with a “short handled sledgehammer.” Isaiah looked through photographs of former students and identified defendant as the man who said: “Get him.” Officers searched defendant’s residence, seizing gang paraphernalia, metal knuckles, a loaded firearm, and ammunition, from defendant's shared bedroom. They seized a small sledgehammer and collapsible baton from a car. Defendant said the brass knuckles, the drawer where the gun was found, and the car were his, but he knew nothing about the baton, the hammer, or the gun. He said he “went after [Julian]” but denied striking him. The court of appeal upheld his convictions for assault with a deadly weapon, unlawful possession of a firearm and ammunition by a felon, and possession of metal knuckles and of a weapon "commonly known as a billy,” with gang enhancements. Defendant failed to establish prejudicial discovery or evidentiary error; the conviction for possession of a billy and related gang enhancement were supported by substantial evidence. View "People v. Huynh" on Justia Law