People v. Aivazian CA5

Filed 6/21/22 P. v. Aivazian CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F082813 Plaintiff and Respondent, (Super. Ct. No. F19905466) v.

RYAN DOUGLAS AIVAZIAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. F. Brian Alvarez, Judge. Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Darren K. Indermill and Catherine Tennant Nieto, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Meehan, J. and DeSantos, J.

Appointed counsel for defendant Ryan Douglas Aivazian asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant did not respond. After requesting supplemental briefing, we vacate the portion of the judgment ordering payment of a probation report fee. In all other respects, we affirm. BACKGROUND On January 13, 2018, defendant and two other people—Joie Carrell, who was a fellow gang member, and a woman—went to the house of the victim, who was allegedly having a sexual relationship with Carrell’s minor daughter. Defendant and Carrell entered the victim’s garage and a fight ensued between Carrell and the victim. Carrell stabbed the victim, then took his motorcycle, a drill, and Carrell’s daughter’s backpack. Carrying a helmet, defendant left with Carrell. On October 7, 2019, the Fresno County District Attorney filed a 39-count information against defendant and four codefendants. The information charged defendant with home invasion robbery (Pen. Code, § 211;1 count 3) and further alleged defendant committed the offense in concert with two other people (§ 213, subd. (a)(1)(A)) and committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(4)(B)). The information also charged defendant with first degree burglary with a nonparticipant present (§§ 459, 460, subd. (a); count 5) and further alleged another person who was not an accomplice was present during the commission of the offense (§ 667.5, subd. (c)(21)) and the offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). On December 16, 2019, defendant pled no contest to count 3 and admitted both allegations. Count 5 and its allegations were dismissed.