People v. Boyajian CA5

Filed 9/14/23 P. v. Boyajian 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F085631 Plaintiff and Respondent, (Super. Ct. No. F22903726) v.

WILLIAM SCOTT BOYAJIAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Monica R. Diaz, Judge. Jan B. Norman, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Snauffer, J. and De Santos, J.

STATEMENT OF APPEALABILITY This appeal is from a final judgment following a no contest plea which disposed of all issues between the parties. (Pen. Code § 1237, subd. (a).)1 STATEMENT OF THE CASE On May 24, 2022, the Fresno County District Attorney filed a complaint alleging that on or about May 22, 2022, Boyajian committed corporal injury to his spouse (§ 273.5, subd. (a); count 1); attempted murder of M.F. (§§ 187, subd. (a), 664; count 2), with the enhancement of personally inflicting great bodily injury (§ 12022.7, subd. (a)); assault with a deadly weapon on M.M. (§ 245, subd. (a)(1); count 3); assault with a deadly weapon on M.F. (§ 245, subd. (a)(1); count 4), with the enhancement of personally inflicting great bodily injury (§ 12022.7, subd. (a)); and assault with a deadly weapon on C.F. (§ 245, subd. (a)(1); count 5).2 On December 15, 2022, Boyajian entered a no contest plea to count 3, assault with a deadly weapon, a blunt instrument, with an agreed upon lid of two years. Boyajian acknowledged he was pleading to a “strike” offense. The parties stipulated to a factual basis for the plea. The remaining counts were dismissed in light of the plea. On January 17, 2023, the trial court sentenced Boyajian to two years in state prison to run concurrent with his sentence in an unrelated misdemeanor case, case No. M22910598. He was given 481 days of actual and good time custody credit. The trial court ordered him to pay restitution to the victim in an amount reserved to court jurisdiction, $300 in restitution (§ 1202.4, subd. (b)); $300 in restitution (§ 1202.45),

1 All statutory references are to the Penal Code unless otherwise stated.