People v. Hovanessian CA2/5

Filed 12/31/25 P. v. Hovanessian CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B337519

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. GA109118)

RAFI HOVANESSIAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Roberto Longoria, Judge. Affirmed. Robert Werth, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Jonathan Kline, and Melanie Dorian, Deputy Attorneys General, for Plaintiff and Respondent.

A jury found defendant and appellant Rafi Hovanessian (defendant) guilty of attempted willful, deliberate, and premeditated murder (Pen. Code, §§ 664, 187) and aggravated mayhem (Pen. Code, § 205). He now seeks reversal, asking us to decide whether the trial court should have instructed the jury on the lesser included offense of heat of passion manslaughter.

I. BACKGROUND A. The Offense Conduct, as Established by the Evidence at Trial In December 2020, defendant parked in front of a liquor store in Burbank, exited his car, and approached a homeless man, Gregory Woody (Woody), who was sitting outside the store. Defendant pulled out a security badge, falsely identified himself as a police officer, and instructed Woody to turn around and place his hands on his head. Woody responded, “F [you],” and defendant punched him in the face. Woody then threw a punch at defendant and fled. Defendant pursued Woody and punched him several more times. Sergio Montoya (Montoya), a Domino’s employee, was leaving a nearby Domino’s to make a delivery when he heard screaming coming from the liquor store across the street. Montoya pulled up to defendant and Woody, exited his vehicle, and saw defendant punching Woody several times. Montoya told defendant, “Hey, stop. Leave him alone. I’m gonna call the cops.” Defendant replied, “Call the cops” as if he “didn’t care.” Montoya then saw defendant reach into his jacket and struggle to pull something out. Woody ran into the street but his pants fell to his ankles, tripping him. Montoya saw defendant take out a knife and follow