Oganesyan

Certified For Partial Publication. [*]

Defendant, Karen Oganesyan, appeals from his convictions for two counts of murder; one count in the first and the other in the second degree. (Pen Code, [1] § 187, subd. (a).) Defendant was found to have personally used a firearm in the commission of both murders. (§ 12022.5, subd. (a).) As to count 2, a multiple murder special circumstances finding was found to be true. (§ 190.2, subd. (a)(3).) As a result as to count 2, defendant has received a sentence of life in prison without possibility of parole. He argues: (1) he was denied the right to compulsory process by the prosecutor's delay in revealing the addresses of two material witnesses; (2) the trial court improperly denied his request for special instruction on the burden of proof in a self-defense case; and (3) his sentence constitutes cruel and unusual punishment. In the published portion of this opinion, we discuss the argument of the Attorney General that an additional restitution fine pursuant to section 1202.45 must be imposed. We reject the contention of the Attorney General and affirm the judgment with one modification.

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As to count 1, defendant has…