People v. Karapetyan CA3

California Court of Appeal Mar 14, 2014 No. C071525Unpublished

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Holding. The court held that the trial court did not abuse its discretion in imposing an upper term sentence for voluntary manslaughter, as the record supported findings of aggravating factors including great violence and danger to society, and the court is presumed to have considered all mitigating factors.

Issues

Whether the trial court relied on improper aggravating factors in imposing an upper term sentence.
Whether the trial court failed to consider or give adequate weight to mitigating circumstances.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The trial court did not err in relying on these aggravating factors when imposing the upper term.”

“A trial court may minimize or even entirely disregard mitigating factors without stating its reasons.”

“There is no evidence the trial court failed to consider the mitigating evidence presented--the sentencing record is to the contrary.”

Filed 3/14/14 P. v. Karapetyan CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C071525

Plaintiff and Respondent, (Super. Ct. No. 03F07499)

DANIEL KARAPETYAN,

Defendant and Appellant.

Defendant Daniel Karapetyan pleaded no contest to voluntary manslaughter (Pen. Code, § 192, subd. (a))1 and admitted an enhancement for being armed with a deadly weapon during the commission of the offense (§ 12022, subd. (b)(1)). The trial court sentenced him to an upper term of 11 years for voluntary manslaughter plus one year for

1 Undesignated statutory references are to the Penal Code.

the weapon enhancement, for a total term of 12 years in state prison. Defendant timely filed this appeal. On appeal, defendant contends the trial court relied on improper aggravating circumstances and failed to consider and give adequate weight to all the mitigating circumstances in imposing an upper term for voluntary manslaughter. We disagree and shall affirm the judgment. BACKGROUND The Killing On December 2, 2003, between 9:30 p.m. and 11:00 p.m., Gagik Karapetyan (Gagik),2 his son-in-law Ararat Manukyan, and Isaak Ambaryan were having a barbecue near a motor home on the property of an automobile auction yard where they worked. Andrei Tsurkanu and Sergey Melnichuk also worked there and were there at the time. Melnichuk looked inside the motor home, which caused Gagik to say something derogatory to him. Tsurkanu immediately came to Melnichuk’s defense and got into an argument with Gagik. Manukyan was holding a knife and Ambaryan threatened to kill Tsurkanu. Three people, including Tsurkanu’s stepbrother, arrived during the argument. The owner of auction yard then asked everyone to leave. The men agreed to “take the argument elsewhere”--to a nearby parking lot. At some point, Tsurkanu telephoned an acquaintance and said there would be a fight, and he was expecting trouble from Gagik and his sons. At the parking lot, Manukyan set down his knife and gestured to Tsurkanu that everything was okay. One of Tsurkanu’s friends handed him a small wooden baseball bat, which Tsurkanu set to the ground and never used.

People v. Karapetyan CA3

AI Brief

THE PEOPLE, C071525

DANIEL KARAPETYAN,

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