People v. Phon CA2/4
B304495
Cal. Ct. App.Apr 22, 2021Background
- On Feb. 23, 2018, Surind Phon drove his car after a Mitsubishi driven by Glen Chico and, while a passenger (Savoeun "Samantha" Van) was in his vehicle, fired one shot toward Chico; the bullet struck and killed Chico.
- Van testified she begged Phon not to shoot, saw him take out a gun, and later offered inconsistent statements about whether Phon said he fired at the air or at the car.
- Phon admitted in a police interview and at trial that he fired the gun, claiming it was a "warning shot" and that he did not intend to kill; he also admitted disposing of the weapon (later acknowledged he sold it).
- The information charged murder and two gun-related counts; the court instructed on second-degree murder and voluntary manslaughter but refused defense-requested involuntary manslaughter instruction (CALCRIM No. 580).
- A jury convicted Phon of second-degree murder and the gun enhancements; Phon appealed arguing the court erred by not instructing on involuntary manslaughter.
- The Court of Appeal affirmed, finding no substantial evidence that Phon acted without conscious disregard for human life.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by refusing to instruct the jury on involuntary manslaughter | No; Phon intentionally fired a gun toward another car, an inherently dangerous act showing implied malice | Yes; Phon lacked conscious disregard and only intended a warning shot, so involuntary manslaughter instruction was warranted | Affirmed; substantial evidence did not support involuntary manslaughter — Phon knew his conduct was dangerous and acted with conscious disregard |
Key Cases Cited
- People v. Gonzalez, 5 Cal.5th 186 (instruction duty on lesser included offenses)
- People v. Breverman, 19 Cal.4th 142 (standard for when lesser-included instruction is required)
- People v. Knoller, 41 Cal.4th 139 (definition of implied malice and mental component)
- People v. Ochoa, 19 Cal.4th 353 (involuntary manslaughter as criminally negligent homicide)
- People v. McNally, 236 Cal.App.4th 1419 (brandishing/using a firearm is dangerous to life)
- People v. Garcia, 162 Cal.App.4th 18 (shooting into occupied vehicle is inherently dangerous)
- People v. Romero, 44 Cal.4th 386 (substantial-evidence inquiry for lesser-included offenses)
- People v. Vasquez, 30 Cal.App.5th 786 (clarifying substantial-evidence threshold for lesser-included instructions)