Barooshian

Filed 4/16/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081050

Plaintiff and Respondent,

v. (Super. Ct. No. SCN395003)

ADAM DANIEL BAROOSHIAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Brad A. Weinreb, Judge. Affirmed. Michael Allen, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette C. Cavalier, and Maxine Hart, Deputy Attorneys General, for Plaintiff and Respondent.

In this case, we are asked to consider whether double jeopardy principles have been violated in the second trial of Adam Daniel Barooshian wherein the jury convicted him of murder (Pen. Code, § 187, subd. (a)) under a Watson murder theory.1 In Barooshian’s first trial, the jury did not reach a verdict on a murder charge. However, the jury did convict Barooshian of

gross vehicular manslaughter while intoxicated (Pen. Code,2 § 191.5, subd. (a); Veh. Code, §§ 23140,…