People v. Saakyan CA2/1

Filed 8/23/23 P. v. Saakyan CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B325194

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA057735) v.

GAYK SAAKYAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael Terrell, Judge. Affirmed. Carlo Andreani, under appointment by the Court of Appeal, for Defendant and Appellant. No Appearance for Plaintiff and Respondent.

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MEMORANDUM OPINION1 Defendant and appellant Gayk Saakyan appeals the trial court’s denial of his petition for resentencing pursuant to Penal Code2 section 1172.6 (former § 1170.953). We find no error and affirm. A. Procedural Background A second amended information, filed on December 11, 2012, charged Saakyan with five counts of willful, deliberate and premeditated attempted murder (§§ 187, subd. (a), 664) along with other offenses not relevant to this appeal. As to the five attempted murder counts, the second amended information specially alleged, in part, that Saakyan personally used and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)). A jury convicted Saakyan of the five willful, deliberate and premeditated attempted murder counts and found true the special allegations of firearm use. The trial court sentenced Saakyan to consecutive life terms for three of the attempted murders, plus 25 years to life on each of those counts for the section 12022.53, subdivision (d), enhancements. The court

1 We resolve this case by memorandum opinion because it “is determined by a controlling statute which is not challenged for unconstitutionality and does not present any substantial question of interpretation or application.” (Cal. Stds. Jud. Amin., § 8.1(1).) 2 All unspecified statutory references are to the Penal Code.