People v. Hayrapetyan CA2/8

Filed 5/18/16 P. v. Hayrapetyan CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B264106

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA394951) v.

BAGHDO HAYRAPETYAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Sam Ohta, Judge. Affirmed as modified.

Matthew Alger, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Steven D. Matthews and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

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Baghdo Hayrapetyan was convicted of killing his wife, Anahit1 Hayrapetyan, and sentenced to 15 years to life in state prison. He contends on appeal the trial court should have instructed the jury on voluntary manslaughter because there is no conceivable reason a man would kill his wife of 40 years “unless she had done something that was sufficient to provoke him to react in a homicidal rage.” We find this argument is nothing more than speculation and no substantial evidence supported an instruction on voluntary manslaughter. Accordingly, we affirm the judgment. FACTS By all accounts, 63-year-old Anahit and 73-year-old Baghdo had a loving marriage that lasted over 40 years. They had three children, all of whom lived in Armenia. Anahit was very close to her sister and they spoke daily. On March 5, 2012, her sister became concerned when Anahit failed to return her phone calls. She asked her daughter, Anna Grigoryatis, for help. Anna tried to call her aunt and drop by her apartment, but was unable to reach Anahit or Baghdo. Later that morning, Anna returned to the apartment with her parents and convinced a building employee to open the door. Everything appeared to be in order in the apartment. There were no signs of forced entry. When Anna looked in the bedroom, however, she discovered Anahit and Bahgdo on the floor, motionless. Bahgdo was curled up in a fetal position with his head on Anahit’s abdomen. Anahit was still in her pajamas. Believing they were both dead, Anna immediately exited the apartment and asked the employee to call “emergency.” Paramedics arrived shortly thereafter and pronounced Anahit dead. Baghdo was alive, but he was unresponsive when the paramedics asked him to move so they could check on Anahit. His blood pressure and pulse rate were low. He also had approximately six shallow stab wounds to his abdomen. Although there was blood on his t-shirt and sweater, the paramedics determined the wounds were not very deep and there was minimal blood loss. A bloody kitchen knife was found underneath him. Baghdo had a handkerchief tied tightly around his neck, but he did not appear to