People v. Tshughuryan CA4/2

BACKGROUND

I. Conviction and Sentencing

A jury convicted Tshughuryan of (1) three counts of unlawful sexual intercourse

with a minor more than three years younger than he was (Jane Doe) and (2) three counts

of arranging to meet Doe for the purpose of engaging in lewd or lascivious behavior.

(Pen. Code, §§ 261.5, subd. (c), 288, subd. (b); unlabeled statutory citations refer to this

code.) The evidence at trial showed that Tshughuryan met 17-year-old Doe on Instagram

and arranged three encounters with her over the course of several months. (People v.

Tshughuryan (May 7, 2021, E074568) [nonpub. opn.].)1 Tshughuryan had intercourse

with Doe at each of their three encounters. (Ibid.) At the time, Tshughuryan was nearly

40 years old. (Ibid.)

In January 2020, the trial court suspended imposition of sentence and placed

Tshughuryan on formal probation for five years. The court also committed him to the

custody of the Riverside County Sheriff’s Department for 300 days, with credit for 144

days served.

We granted the People’s request for judicial notice of the record in Tshughuryan’s appeal from the judgment of conviction. (Tshughuryan, supra, E074568.)

II. First…