People v. Aivazian CA5

BACKGROUND

On January 13, 2018, defendant and two other people—Joie Carrell, who was a fellow gang member, and a woman—went to the house of the victim, who was allegedly having a sexual relationship with Carrell’s minor daughter. Defendant and Carrell entered the victim’s garage and a fight ensued between Carrell and the victim. Carrell stabbed the victim, then took his motorcycle, a drill, and Carrell’s daughter’s backpack. Carrying a helmet, defendant left with Carrell. On October 7, 2019, the Fresno County District Attorney filed a 39-count information against defendant and four codefendants. The information charged defendant with home invasion robbery (Pen. Code, § 211;1 count 3) and further alleged defendant committed the offense in concert with two other people (§ 213, subd. (a)(1)(A)) and committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(4)(B)). The information also charged defendant with first degree burglary with a nonparticipant present (§§ 459, 460, subd. (a); count 5) and further alleged another person who was not an accomplice was present during the commission of the offense (§ 667.5, subd. (c)(21)) and the offense was committed for…