Avanessian

Introduction

A jury convicted defendants Herayel Avanessian and Henrik Mouradian of 10 offenses arising out of their creation of fraudulent smog certificates for 5 vehicles. Each was placed on formal probation and ordered to pay restitution. On this appeal defendants, represented by separate counsel, contend they were improperly convicted of violating Vehicle Code section 4463 because that statute does not prohibit the fraudulent production of smog certificates. In a related vein, they also contend that the court’s instructions improperly removed a factual issue from the jury’s determination: whether a smog certificate is a certificate within the meaning of the conduct proscribed by Vehicle Code section 4463. In the published portion of this opinion, we find no merit to either of these contentions. In the nonpublished portion of the opinion, we reject defendant Avanessian’s contention that the evidence is insufficient to support his convictions based upon a theory of aiding and abetting.

Statement of Facts

As mandated by the traditional rule governing appellate review, we recite the evidence in the light most favorable to the judgment. (See, e.g., People v. Ochoa…