People v. Torossian CA4/1

I.

INTRODUCTION

A jury convicted defendant Antranik Torossian of one count of burglary and two

counts of false personation stemming from an incident in which Torossian held himself

out as being one of his roommates at a car dealership. On appeal, Torossian contends

that his conviction for burglary should be reversed on the ground that there is insufficient

evidence to support the finding that he entered the dealership with the intent to commit a

felony.

At trial, the prosecutor relied on Torossian's intent to commit false personation as

the felonious intent underlying the burglary charge. False personation is a "wobbler"

offense, which means that it can be charged as either a felony or misdemeanor.

According to Torossian, the trial court implicitly rendered his conviction for false

personation a misdemeanor conviction, rather than a felony, when the court suspended

imposition of sentence. Torossian also argues that the facts demonstrate that the conduct

underlying his false personation conviction constitutes misdemeanor conduct as a matter

of law. Torossian contends that his intent to commit false personation thus fails to satisfy

the element of felonious…