People v. Karapetyan CA3

BACKGROUND

We granted defendant’s motion to incorporate the record and opinion from the direct appeal of his conviction (case No. C048289) into the record here. In 2003, defendant and others were barbequing at an auto auction. (People v. Karapetyan (2006) 140 Cal.App.4th 1172, 1175.)2 The victim came to the area with several others and the two groups argued. (Ibid.) Defendant and others, including defendant’s sons, chased the victim and beat him. (Ibid.) Defendant had a gun but did not fire it. One of defendant’s sons had “something sharp” in his hand. At some point during the fight, there was blood on the victim’s back. The victim ran across the street and collapsed. The victim died of stab wounds to his chest and back. A jury convicted defendant of second degree murder but found not true a firearm enhancement allegation. The trial court sentenced defendant to 15 years to life in prison. (People v. Karapetyan, supra, 140 Cal.App.4th at p. 1176.) In 2019, defendant filed a petition for resentencing under section 1170.95, asserting he was prosecuted for and convicted of murder under the natural and probable consequences doctrine, and could not now be convicted of murder because of…