People v. Sarukhanyan CA2/4

Filed 12/4/15 P. v. Sarukhanyan CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B260147

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA083238) v.

ARAM SARUKHANYAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Suzette Clover, Judge. Dismissed. James Koester, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant and appellant Aram Sarukhanyan appeals from the judgment entered following his guilty plea to one count of second degree murder (Pen. Code, § 187, subd. (a)) in which he personally and intentionally discharged a firearm causing the death of the victim within the meaning of section 12022.53, subdivision (d).1 We dismiss the appeal.

FACTUAL AND PROCEDURAL BACKGROUND2 On the evening of April 29, 2011, as Hilda Engibegian was driving northbound on the 2 freeway in Los Angeles County with her sister, her attention was drawn to a struggle occurring between the two occupants of a nearby automobile, which she thought to be a black Honda or Toyota sedan. The male driver of the automobile appeared to be engaged in a physical altercation with the vehicle’s female passenger. Engibegian witnessed “pushing and shoving” as well as punches being thrown. Fearing this altercation was a serious one, Engibegian slowed down to follow the black sedan. Engibegian followed the car as it turned onto the 210 west freeway, all the while witnessing a struggle between the vehicle’s driver and passenger. Engibegian called 911 and, while she was reporting the altercation, she and her sister saw the flash of gunfire on the passenger’s side of the vehicle. Shortly thereafter, Timothy Campbell and his wife were driving westbound on the 210 freeway. As Campbell was exiting the freeway, he observed a black vehicle stopped on the shoulder of the offramp. Campbell saw a man run from the passenger side of the vehicle to the driver’s door, get in the car, and begin to drive