Shakhvaladyan

People v. Shakhvaladyan

Good Law
11 Cal. Rptr. 3d 590·117 Cal. App. 4th 232·2004 Cal. App. LEXIS 407·2004 Daily Journal DAR 3900·2004 Cal. Daily Op. Serv. 2700
Court of Appeal of CaliforniaMarch 30, 2004No. B165445California2,339 words

Opinion

lead Opinion

Turner, J.

I. INTRODUCTION

Defendant, Alan Shakhvaladyan, appeals from his convictions for: false personation, count 1 (Pen. Code, 1 § 529); evading a pursuing officer with willful or wanton disregard for the safety of persons or property, count 2 *234 (Veh. Code, § 2800.2); carrying a loaded firearm, count 4 (§ 12031, subd. (a)(1)); and firearm possession, count 5 (§ 12021, subd. (a)(1)). Defendant admitted that he had previously been convicted of two serious felonies. (§§ 667, subds. (b)-(i), 1170.12.) Defendant argues there was insufficient evidence to support his convictions as to counts 1, 2, 4, and 5; his prior juvenile adjudication for attempted robbery does not qualify as a prior serious felony conviction pursuant to sections 667, subdivision (d)(3) and 1170.12, subdivision (b)(3); the trial court abused its discretion in refusing to strike one of his prior serious felony convictions; and the trial court erred in the calculation of his presentence credits. The Attorney General argues that defendant received an excessive award of presentence credits and the trial court should have imposed and stayed a $1,000 parole restitution fine pursuant to section 1202.45. In the…

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