Soojian

*494 Opinion

A jury convicted Tannen Soojian of various crimes resulting from an armed robbery of Joyce Ahumada and her son, Morgan Ahumada. 1 Joyce was shot during the robbery, sustaining serious injuries. The crimes for which Soojian was convicted included attempted murder (Pen. Code, §§ 187, 664) 2 and robbery (§ 211). Numerous enhancements also were found true.

Soojian’s defense concentrated on showing inconsistencies in the prosecution’s evidence to establish that he was not the perpetrator. During the prosecution’s case, unexpected evidence was elicited that led Soojian and his counsel to suspect that Soojian’s cousin, Aaron Bolin, was the perpetrator. Evidence was introduced in an attempt to establish Bolin’s guilt. The jury rejected this evidence and found Soojian guilty as charged and found all enhancements true.

After the verdicts were reached, Soojian located additional evidence that implicated Bolin. Soojian moved for a new trial based on this newly discovered evidence. (§ 1181, subd. 8.) The trial court denied the motion.

In the first appeal (People v. Soojian (Mar. 16, 2009, F053842) [nonpub. opn.]), we reversed the order denying the new trial motion. We…