People v. Shubaralyan CA2/2

FACTS AND PROCEDURAL BACKGROUND2

I. Facts

Appellant was born in Armenia when it was part of the Soviet Union and came to the United States with his family when he was a young child. He possesses both Soviet and Armenian passports. Appellant was married for 11 years and has two children with his ex-wife. He continued living with her after the divorce. In 2012, appellant was charged with grand theft (§ 487, subd. (a)) and several counts of writing a check on insufficient funds (§ 476a, subd. (a)). Appellant was released on bail. Deportation proceedings were commenced against appellant, but he was allowed to remain “out and about.”

II. Procedural Background

A. The charged offenses On January 27, 2016, while his grand theft case was still pending, appellant approached his ex-wife (victim) as she got out of the shower, screaming at her. Appellant punched the victim in the face, knocking her unconscious, and then proceeded to kick her while she was on the ground. Appellant took the victim to

1 Undesignated statutory references are to the Penal Code.

2 Because there was no preliminary hearing, the facts are drawn mostly from the probation officer’s report.

2 the bedroom…