People v. Zhuk CA3

FACTS AND PROCEEDINGS

Factual and Procedural Background The facts underlying defendant’s crimes as relevant here, set forth in our unpublished opinion People v. Zhuk (July 18, 2008, No. C047365) (nonpub. opn.), as modified on denial of rehearing (Aug. 15, 2008) (Zhuk I) affirming defendant’s convictions, were as follows: In 2000, Cindy Chung drove her BMW to an autobody shop owned by her father. Defendant, then 17 years old, codefendant Mikhael Vlasov, and 14-year-old Peter P. began following Chung; defendant carried a loaded handgun and said he knew people who would pay money for a BMW or Mercedes. Defendant discussed ordering drivers out of the desired cars at gunpoint. Defendant followed Chung to the autobody shop, parked nearby, and gave the gun to Vlasov. He instructed Vlasov to run up to the driver of the car, stick the gun in her face, and take away the car. Peter P. heard Vlasov check the gun’s magazine and watched him leave the car. (Zhuk I, supra, C047365.) Chung went into the shop’s office and returned about 10 minutes later. Vlasov returned to defendant’s car and told defendant he could not find the BMW. Defendant told Vlasov to go check again, and Vlasov walked away…